PC 07-01-02 Meeting AgendaAGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
JULY 1, 2002
7:00 P.M. CALL TO ORDER TAB
1) Committee Reports ................................................ (no tab)
2) Citizen Comments ................................................. (no tab)
PUBLIC HEARING
3) Rezoning #02-02 of Sherwood Bryant, submitted by Painter -Lewis, P.L.C., to rezone
7.8691 acres from RA (Rural Areas) to B2 (Business General) District. This property is
located approximately 200 feet east of the intersection of Gore Road (Rt. 751) and
Northwestern Pike (Rt. 50), on the south side of Northwestern Pike, and is identified with
Property Identification Number 28 -A -63C in the Back Creek District.
(Ms. Kennedy)...................................................... (A)
4) Rezoning #05-02 of Red Bud Run, submitted by G. W. Clifford & Associates, Inc., to
rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District. This
property is located north of Rt. 7, and adjacent to Woods Mill Road (Rt. 660), directly
between Red Bud Road and Rt. 7, and is identified with Property Identification Numbers
55-A-105, 106 and 107 in the Stonewall Magisterial District.
(Mr. Lawrence) ...................................................... (B)
5) Rezoning #07-02 ofDoris F. Casey, submitted by Greenway Engineering, to rezone 27 acres
from RA (Rural Areas) to RP (Residential Performance); and 3.31 acres from RA (Rural
Areas) to B2 (Business General) District. This property is located approximately 800 feet
north of the intersection of Front Royal Pike (Route 522) and Paper Mill Road (Route 644)
and is identified with Property Identification Number 64-A-23 in the Shawnee Magisterial
District.
(Ms. Kennedy)...................................................... (C)
6) Proposed amendments to the Frederick County Zoning Ordinance, Article XX,
Pertaining to the Regulation of Nonconforming Uses, Structures, and Signs, Sections
165-148, 165-149, 165-150, 165-151, 165-152, 165453; and Chapter 165-156,
Definitions.
(Mr- Camp) ..........................................................(D)
PUBLIC MEETING
7) Request for Waiver of the requirements of Chapter 144-17(G)1, Cul -de -Sacs, submitted
by Bowman Consulting on behalf of Katherine Weber, to waive the maximum cul-de-sac
length of 1,000 feet to enable a cul-de-sac length of 1,300 feet. This property is located on
the west side of Front Royal Pike (Rt. 522), approximately 450 feet south of Oak Side Lane
and is identified with Property Identification Number 53-A-53 in the Stonewall Magisterial
District.
(Mr. Davenport) ....................................................... (E)
8) Other
REZONING APPLICATION #02-02
SHERWOOD BRYANT
Staff Report for the Planning Commission Meeting
Prepared: June 24, 2002
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter.
Reviewed
Action
Planning Commission: 06/05/02
Tabled
07/01/02
Pending
Board of Supervisors: 08/14/02
Pending
PROPOSAL: To rezone 7.869 acres from RA (Rural Areas) to B2 (Business General District)
LOCATION: This property is located on the south side of Northwestern Pike (Route 50),
approximately 200 feet east of the intersection of Route 50 and Gore Road (Route 751.)
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 28 -A -63C
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned RA (Rural Areas) District
South: Zoned RA (Rural Areas) District
East: Zoned B2 (Business General) District
Use: Residential, Commercial, Vacant
(Motel)
Use: Residential
Use: Commercial
West: Zoned RA (Rural Area) District Use: Residential
REZ #02-02, Sherwood Bryant
Page 2
June 24, 2002
PROPOSED USE: Commercial
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application to rezone this property appears to have significant
measurable impact on Route 50, Northwestern Pike, the VDOT facility which would provide access to
the property. Before development, this office will require a complete set of construction plans detailing
entrance designs, drainage features, and traffic flow data from the ITE Trip Generation manual Sixth
Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-
way dedications, traffic signalization and off-site roadway improvements and drainage. Any work
performed on the State's right-of-way must be covered under a land use permit. This permit is issued
by this office and requires an inspection fee and surety bond coverage.
Fire Marshal: Requirements will be evaluated during the site plan process. Additional comment:
Water supplies for firefighting. Plan approval recommended at this time.
Gore Volunteer Fire Department: Acceptable to GVFRC.
Frederick -Winchester Health Department: Health Department has no objections at this time.
Permits for water and sewer facilities must be obtained from appropriate agencies.
County Engineer: We do not have any specific comments related to the proposed rezoning.
However, we do reserve the right to perform a detailed review will be done at the time of the site plan
submission.
Building Official: No comment required at this time. Shall comment at the time of site plan review.
Historic Resources Advisory Board: Upon review of this rezoning, it appears the proposal does not
significantly impact historic properties. The HRAB offers no comment.
County Attorney: Once signed by owner, proffers appear to be in proper form.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Gore Quadrangle) depicts the zoning for
the property which comprises the proposed rezoning as A-1 (Agricultural -Limited). The A-1
(Agricultural Limited ) District zoning classification was modified to RA (Rural Areas) District
on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance.
The property is located in the Gore area and contains a vacant commercial building which
formerly housed the U.S. Post Office. The parcel is approximately 7.869 acres.
REZ #02-02, Sherwood Bryant
Page 3
June 24, 2002
2) Location
This property is located on the south side of Northwestern Pike (Route 50), approximately 200
feet east of the intersection of Route 50 and Route 751. Route 50 is classified as a major arterial
road. Lucas Lane (Route 750) is located adjacent to the site's southern boundary. The
Winchester and Western Railroad is adjacent to the site's eastern boundary.
3) Site Suitability
The site is gently rolling; the parcel is just outside of any flood hazard zone; no wetlands have
been identified on the site; and there are no steep slopes on the site. Soils are identified as prime
farmland in the Soil Survey of Frederick County. The site has a high seasonal water table of 12"
or less. The high water table negatively impacts the classification of the on-site soils as prime
farmland. No areas of the site are suitable for a sanitary subsurface absorption system. The
presence of a high water table may affect the construction of building foundations. The applicant
has noted that the development of the site should be preceded by a geo-technical analysis of the
soil with respect to foundations.
The site contains frontage along Route 50, approximately 86.4 feet. Route 50 at the site is a four -
lane, divided highway. There is an existing median break directly opposite the entrance for the
site, which provides the site with good access and visibility from an arterial highway. The
recently -upgraded entrance to the new Post Office facility has access easements in place to allow
both the parcel containing the new Post Office and the subject parcel to utilize the same entrance.
4) Frederick County Comprehensive Plan
The subject parcel is within the Gore Rural Community Center area. The Comprehensive Policy
Plan recognizes that commercial uses will occur in the Gore Rural Community Center. In support
of housing development and to augment the amount and types of business services available in
this area, the applicant suggests rezoning from the current RA zoning to a B2 zoning. Most
allowed business uses in the current RA zoning require a Conditional Use Permit, and the
applicant suggests a B2 zoning would define the types of businesses envisioned by the
Comprehensive Plan.
5) Intended Use
A specific use has not been identified. The applicant recognizes that the lack of available
sewage treatment facilities will restrict the amount of commercial development on the property.
6) Potential Impacts
The applicant has provided information which identifies the land surrounding the subject site.
The southwestern property line of the parcel is bordered by two parcels which are zoned RA and
are used for residential purposes. Other properties in the vicinity are zoned RA and are used for
REZ #02-02, Sherwood Bryant
Page 4
June 24, 2002
residential purposes. The adjoining residential properties may be impacted by the proposed
commercial land use depending upon the structural height, the location and placement of signage
and lighting fixtures, and the location of parking and maneuvering areas.
The Zoning Ordinance does not require that a buffer or screen be installed between land used for
commercial purposes (as proposed) and land used for agriculture. Therefore, it will not be
required that the applicant establish a buffer against the adjoining agricultural use. Without the
buffer requirement, the building setbacks are established by the Zoning Ordinance to be zero feet
from side and rear property lines. Commercial uses could impact adjoining agricultural activities.
The types and character of the uses allowed by proffered restriction on the site to be rezoned will
generally be compatible with the surrounding uses. The potential businesses will have minimal
impacts associated with noise, glare, fumes, pollution, odors, and other nuisance factors. While
the applicant has prohibited a number of uses, there continue to be uses that are inappropriate in
rural community centers.
7) Proffer Statement
The applicant has submitted a proffer statement which has been reviewed by the County
Attorney's office. The applicant has offered the following proffered conditions:
• To prohibit the following uses from the site: Veterinary offices; animal specialty services;
restaurants; hotels and motels; organization hotels and lodging; car washes; motion picture
theaters; amusement and recreation services operated indoors; golf driving ranges and miniature
golf courses; child day care facilities; advertising specialties - wholesale; drive-in theaters;
commercial batting cages operated outdoors; adult care residences and assisted living care
facilities; commercial sport and recreation clubs; adult retail uses.
• To establish a maximum building square footage of 40,000 sq. ft.
• To provide a monetary contribution of $1,000 for fire and rescue services, paid upon receipt of
any building permit issued for any building exceeding 10,000 square feet.
(New Proffers)
• Maximum sign height shall be limited to 25 feet.
• Access to the site from Route 750 shall be limited to emergency vehicles only.
STAFF CONCLUSIONS FOR 06/05/02 PLANNING COMMISSION MEETING:
The 7.869 -acre site proposed for rezoning is located within the Gore Rural Community Center, as
identified in the 2000 Comprehensive Policy Plan. The Comprehensive Policy Plan indicates that
commercial uses that provide services for the residences of rural community centers are appropriate
REZ #02-02, Sherwood Bryant
Page 5
June 24, 2002
within the Gore Rural Community Center. The site's location along Northwestern Pike (Route 50W)
provides for good access.
Staff would suggest that a request for commercial zoning in the Gore Rural Community Center not only
introduces an opportunity for service provisions to the rural community, but also introduces visual and
vehicular impacts. Future development of the site should consider the predominantly residential and
agricultural uses in the vicinity of the subject site. The applicant could address the concerns of staff by
addressing the following issues:
• Increased building and parking lot setbacks.
• Landscape buffer and screening techniques.
• Limiting site access via Route 50 West.
• Establish height limits for structures erected on the site.
• Establish maximum sign heights and square footage that would be appropriate for the Rural
Community Center.
• Limiting outdoor lighting; redirecting glare from adjoining properties.
• And the identification of uses permitted on the site, not those prohibited.
The applicant should be prepared to address the comments made by staff during the review of this
application by the Planning Commission and the Board of Supervisors.
PLANNING COMMISSION SUMMARY & ACTION OF 06/05/02 MEETING:
The owner's representative expressed their desire for the proposed use to be in keeping with the rural
character of the community. The owner's representative stated that because of the lack of public water and
sewer service in the area, the types of businesses able to utilize the site would be limited in size and intensity.
It was pointed out that the post office uses 150 gpd of their approved 1,000 gpd NPDES Discharge Permit,
therefore, they have the capacity to place a use that would generate no more than 850 gpd. In addition, they
have limited the total cumulative gross retail office floor area on the site to 40,000 square feet which results
in a floor area ratio (FAR) of 0. 12, thereby ensuring a low-density, low -impact development.
Commission members expressed their concern that the sign heights and square footage requirements for 132
may be excessive for use in a rural community center and suggested the applicant take this into consideration.
VDOT representatives, who were present at the meeting, requested that access to Rt. 750 be prohibited,
except for emergency vehicles.
There were no citizen comments regarding the proposed rezoning. Commission members believed that some
new service provisions, properly done, could benefit the Gore community; however, they expressed their
opposition to such uses as mini -storage units or used car lots because those uses would not be visually
appealing for the community or from Rt. 50. Commissioners pointed out the benefits of rezoning a
"commercial core" area in the community center, rather than spreading commercial uses throughout the
community. It was suggested that the applicant may want to consider proffering out some additional uses that
would be objectionable in a rural community center. Although members of the Commission were generally
in favor of the proposal, they believed the applicant's proffer statement needed some clarification, the
REZ #02-02, Sherwood Bryant
Page 6
June 24, 2002
would be objectionable in a rural community center. Although members of the Commission were generally
in favor of the proposal, they believed the applicant's proffer statement needed some clarification, the
possibility of limiting sign height and size needed to be re-examined, and the applicant needed to re-examine
the list of uses that would be prohibited. They also wanted the applicant to consider contacting residents of
the community for their views. The Planning Commission unanimously voted to table the request for 60 days
to allow the applicant enough time to re-examine the issues raised.
STAFF CONCLUSIONS FOR 07/01/02 PLANNING COMMISSION MEETING:
In response to concerns raised during the Planning Commission meeting on June 5, 2002, the applicant
has attempted to address the concerns in a revised proffer statement. This revised proffer statement
provides for establishing a maximum sign height of 25 feet, and limits access to the site from Route 750
for emergency vehicles only. The applicant has not addressed the concerns expressed by the Commission
regarding the potentially inappropriate land uses that could result from a B2 rezoning in the Gore
community.
The applicant should be prepared to address the comments made by staff during the review of this
application by the Planning Commission and the Board of Supervisors.
O:\Agendas\COMMENTS\REZONING\Staff Report\2002\7-I Sherwood Bryant.PC.2.wpd
OUTPUT i;. .ULE
Revenue-
Net Capital
Net Cost Per
(Unadjusted)
Cost Balance
APPLICANT: PIN 28 -A -63C
Dwelling Unit
Net Fiscal Impact
$0
$18,976
ERR
LAND USE TYPE Commercial
Costs of
Impact ErQ it:
ERR
INPUT Moon to be_Take
REAL EST VAL $2,603,535
Required
(entered in
Cur. Budget
.Credits
Cur. Budget Cap.
Future CIP/
FIRE &RESCUE 3
C�pit I F ciltiies
col sum only)
Oper-Cap_Eguip
Expend/Debt S.
Taxes, Other
Fire and Rescue Department
$18,976
ERR
$11,073
$11,073
$0
Elementary Schools
$0
$11,868
$7,108
ERR
$1,555,119
Middle Schools
$0
ERR
$0
$0
High Schools
$0
Parks and Recreation
$0
$0
Public Library
$0
$0
Sheriffs Offices
$0
$795
$0
$0
Administration Building
$0
$0
Other Miscellaneous Facilities
$0
$9,218
$1,855
SUBTOTAL
$18,976
$10,013
$1,855
$0
LESS: NET FISCAL IMPACT
$1,555,119
NET CAP. FACILITIES
IMPACT
Total Potential Adjustment For
Tax Credits
Revenue-
Net Capital
Net Cost Per
(Unadjusted)
Cost Balance
Faci iti _sIsm aLct
Dwelling Unit
$0
$0
$18,976
ERR
$0
$0
$0
ERR
$0
–$0
$0
ERR
$0
$0
$0
ERR
$795
$795
$0
ERR
$0
$0
$0
ERR
$11,073
$11,073
$0
ERR
$11,868
$11,868
$7,108
ERR
$1,555,119
$1,555,119
($1.555119)
ERR
I$T-
ERR
INDEX: "1.0" If Cap. Equip Included: 1.0
INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000
PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.433
— -- – --- – – — --- ---- – -- -- – --- – --- - – – – ----- -- – – –
METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model.
2. Net Fiscal Impact NPV from operations calculations is input in row total of second column
(zero if negative); included are the one-time taxes/fees for one year only at full value.
3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts.
4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts.
5. NPV of future taxes paid to bring current county up to standard for new facilities, as
calculated for each new facility.
6. Columns three through five are added as potential credits against the calculated capital
facilities requirements. These are adjusted for percent of costs covered by the revenues
from the project (actual, or as ratio to avg. for all residential development).
NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed.
– -- — – -- — – — -- ------ ----------------- ------ — – – — – --- — — – – – -- –
NOTES: Model Run Date 04/9/02 ERL
P.I.N. 28 -A -63C Rezoning: Assumes 7.8691acres zoned B2, with a maximum of 40.000 sq ft of retail/office use
Due to changing conditions associated with development in the County, the results of this
Output Module may not be valid beyond a period of 90 days from the model run date.
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PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 28 ((A)) 63C
Back Creek Magisterial District
Frederick County, Virginia
June 17, 2002
Prepared for: Mr. Sherwood Bryant
P. O. Box 191
Gore, Virginia 22637
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintlew@earthlink.net
Job Number: 0111005
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63C
INTRODUCTION
The subject parcel contains 7.8691 acres. Currently all 7.8691 acres are zoned RA. All
adjacent property is zoned RA with the exception of one lot (28-A-14), that is located to
the east, which contains a commercial banking facility, and is zoned B2. The owner
desires to rezone the entire parcel from RA, Rural Areas District, to a B2, Business
General District, zoning. The intended purpose for the rezoning would be to allow the
owner to develop the property to provide services to the Rural Community Center at
Gore.
The owner recognizes that the site is located within the Rural Community Center of
Gore, but outside the county Urban Development Area. The applicant recognizes that
the lack of available sewage treatment facilities will restrict the amount of commercial
development on the property. Acknowledging the importance of maintaining the rural
character of the area, the owner is willing to proffer restrictions on the types of
commercial activities and the total amount of retail and/or office building area which
can be developed under the proposed B2 zoning. The owner is also willing to limit the
height of future signs associated with commercial uses. The owner is also willing to
eliminate full access to the site from Route 750.
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # for the rezoning of
7.8691 acres on Parcel 28 -A -63C from RA to B2, development of this particular 7.8691
acres will be in conformity with the terms and conditions set forth in this document.
These terms and conditions may be subsequently amended or revised by the owner of
the property with permission from the Frederick County Board of Supervisors in
accordance with Frederick County codes. These proffers shall be binding on the owner
and their legal successors or assigns.
PROFFERS
1. For a period of time as long as the subject land maintains a B2 Zoning, the
following uses will be prohibited on the land. -
1 .
and:1. Uses which are identified by the following Standard Industrial Codes:
a. 074 -Veterinary offices with all activities and animals kept within the
fully enclosed primary structure;
b. 0752 -Animal specialty services with all activities and animals kept
within the fully enclosed primary structure;
c. 58 -Restaurants;
d. 701 -Hotels and Motels;
e. 704 -Organization hotels and lodging;
f. 7542 -Car washes;
g. 7832 -Motion picture theaters;
h. 79 -Amusement and recreation services operated indoors;
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63C
i. 7999 -Golf driving ranges and miniature golf courses;
j. 8351 -Child day-care facilities;
k. 5199 -Advertising specialties -wholesale;
2 Drive-in theaters;
3. Commercial batting cages operated outdoors,
4. Adult care residences and assisted living care facilities;
5. Commercial sport and recreation clubs;
6. Adult retail uses.
2. For a period of time as long as the subject land maintains a B2 Zoning, the
maximum amount of gross retail and/or office building floor area, in any
combination, which can be constructed on the subject parcel is 40,000 square
feet. This limits the total Floor Area Ratio of the 7.8691 acres to 0.12.
3. For a period of time as long as the subject land maintains a 82 Zoning, the
maximum sign height shall be limited to 25 feet.
4. For a period of time as long as the subject land maintains a B2 Zoning, access
to the site from Route 750 shall be limited to emergency vehicles only.
Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the General Fund of Frederick County
for the benefit of the Gore Fire Company No. 14 the sum of $1,000.00 for impacts to
fire and rescue services. This sum will be paid upon receipt of any building permit
issued subsequent to the approval of this rezoning by which the cumulative gross
building area for any use, existing and/or proposed, on the subject parcel, or any
portion thereof, will exceed 10,000 square feet.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the event that the Frederick
County Board of Supervisors grants this rezoning and accepts these proffers, then
these proffers shall apply to the land rezoned in addition to the other requirements of
the Frederick County Code.
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63C
Submitted By:
Sherwood Bryant
Date:
pertrowner)
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To-Wit.-
The
o-Wit:The foregoing instrument was acknowledged before me this
by
My commission expires on
Notary Public
/�7'4 day of
IMPACT ANALYSIS STATEMEN7I
A PROPOSED REZONING
for
PARCEL ID - 28 ((A)) 63C
Back Creek Magisterial District
Frederick County, Virginia
April 11, 2002
Prepared for: Mr. Sherwood Bryant
P. O. Box 191
Gore, Virginia 22637
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
F email: paintlew@mnsinc.com
1. Job Number: 0111005
APR °.
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IMPACT ANALYSIS STATEMF "'T
PARCEL ID 28 ((A)) 63C
IMPACT ANALYSIS STATEMENT
TABLE OF CONTENTS
section
page
i.
INTRODUCTION
1
A.
SITE SUITABILITY
1
B.
SURROUNDING PROPERTIES
3
C.
TRAFFIC
3
D.
SEWAGE CONVEYANCE AND TREATMENT
4
E.
WATER SUPPLY
4
F.
DRAINAGE
5
G.
SOLID WASTE DISPOSAL FACILITIES
5
H.
HISTORIC SITES AND STRUCTURES
5
I.
COMMUNITY FACILITIES
6
J.
OTHER IMPACTS
6
APPENDIX
7
IMPACT ANALYSIS STATEMEl"'
PARCEL ID 28 ((A)) 63C
i. INTRODUCTION
Mr. Sherwood Bryant (the owner) is a private land owner with holdings in the Gore
area. In an effort to provide more opportunities for commercial services in the rural area
community, Mr. Bryant desires to rezone a single parcel along Rt. 50 in Frederick
County, Virginia to provide opportunities for the development of more diverse,
service-oriented businesses. The subject parcel is identified by Tax Map Number
28((A))63C and is currently zoned RA (Rural Areas District). The total area of the
parcel is approximately 7.8691 acres. The parcel contains a commercial building which
formerly housed the United States Post Office.
The Gore area is outside of the Frederick County Water and Sewer Service Area. As
such, the development potential of the subject property is limited, particularly by the
absence of sanitary sewer service. Any development on the property will be served by
on-site treatment facilities. These facilities will be limited by the Virginia Department of
Health to approximately 800 gallons per day of total sewage capacity. The owner will
proffer limited development on the property based upon the anticipated sewage
capacity. See Section D below.
The applicant desires to rezone the 7.8691 acres of the subject parcel from RA to B2,
Business General District. The intended purpose for the rezoning is to obtain a
zoning classification for the parcel that will allow for the development of business to
serve the Rural Community Center of Gore.
A. SITE SUITABILITY
The Frederick County Comprehensive Policy Plan includes the subject parcel within the
Gore Rural Community Center area. Please refer to Exhibit 1. The Land Use Plan
states that the Rural Community Center Committee recommended that housing
development should be encouraged in the Gore area. In support of housing
development and to augment the amount and types of business services available to
the residents of the area, some rezoning from the RA zoning is desirable. A B2 zoning
will precisely define the types of businesses envisioned by the Comprehensive Plan.
Under the current RA zoning, most allowed business services require a Conditional
Use Permit.
The site contains frontage on Route 50. Route 50 at the site is a four -lane, divided
highway. There is an existing median break directly opposite the entrance to the site.
This provides the site with good access and excellent visibility from an arterial highway.
The entrance has been upgraded recently to accommodate the construction of a new
post office facility. Access easements are in place to allow both the parcel containing
the post office and the subject parcel to utilize the existing entrance.
The gently rolling topography of the site is well-suited for commercial construction. The
development of low impact, retail -type or business service-oriented stores which tailor
their product to the existing population of the area will provide a desirable expansion of
the Rural Community Center concept. The location along the Route 50 corridor fits the
page 1
IMPACT ANALYSIS STATEMEI`'_
PARCEL ID.28 ((A)) 63C
Comprehensive Plan's idealized concept of having "proximity to arterial routes". The
absence of public water and sewer service will limit the amount of commercial
development possible on this site, thus assuring a rural character to the potential
commercial development.
100 YEAR FLOOD PLAIN
Federal Insurance Rate Map Community Panel Number 510063 0100 B shows the
subject area is adjacent to "Zone A, areas of 100 -year flood; base flood elevations and
flood hazard factors not determined". The FIRM map indicates that the parcel is just
outside of any flood hazard zone. It appears from reading the FIRM maps, that the
limits of the 100 year flood plain are near the southeast corner of the property.
WETLANDS
No wetlands have been identified on the site.
STEEP SLOPES
The property generally slopes to the northeast toward the Winchester and Western
Rail Road. Fill dirt has been imported to the site to create a building pad for the existing
commercial building. Between the fill area and the rail road right-of-way, the slope of
the site ranges from 1-5%. Steep slopes are defined by the Frederick County Code as
slopes exceeding 25%. There are no steep slopes on the site.
MATURE WOODLANDS
Woodlands are generally defined by the Frederick County Code as including largely
mature trees in groves greater than 114 acre. There are no mature woodlands located
on this site. A hedgerow consisting of subclimax species of trees such as Osage
Orange and Locust lines the east boundary of the property.
SOILS
According to the Soil Survey of Frederick County, the site contains the following soil
type: Zoar silt loam, 44C. This soil is a part of the Weikert-Gainesboro-Berks
association which includes gently sloping to very steep, well -drained soils formed in
material weathered from shale or fine-grained sandstone. Depth to bedrock is
approximately 60 inches or greater. The unified soil classifications are predominantly:
ML, CL, CL -ML, MH and CH. This soil is identified as prime farmland in the Soil Survey.
Recent soils investigations in association with the search for drainfield areas, indicates
that this particular site has a very high seasonal water table of 12" or less. The high
water table will negatively impact the classification of the on-site soils as prime
farmland. No areas of the site are suitable for a sanitary subsurface absorption system.
The presence of a high water table may affect the construction and performance of
building foundations. The development of the site should be preceded by a
geo-technical analysis of the soil conditions with respect to foundations.
B. SURROUNDING PROPERTIES
The parcel to be rezoned is bordered on the east by a single parcel that is zoned B2
and has been used as a branch banking facility. To the south are the rights-of-way for
page 2
IMPACT ANALYSIS STATEMEr"
PARCEL ID 28 ((A)) 63C
the Winchester and Western Rail Road and Route 750, Lucas Road. The southwestern
property line of the parcel is bordered by two parcels which are zoned RA and both are
used for residential purposes. The adjacent parcel to the west is zoned RA and
contains the United States Post Office. The adjacent parcel to the northwest is zoned
RA and contains a motel. Other adjacent parcels are zoned RA and are used for
residential purposes. Please refer to Exhibit 2.
Potential adverse visual impact from the proposed rezoning of the site will be mitigated
by buffering and screening elements between different zoning districts as required by
the Frederick County Zoning Ordinance. The types and character of the uses allowed
by proffer restriction on the site to be rezoned will be generally compatible with the
surrounding uses. The potential businesses will have minimal impacts associated with
noise, glare, fumes, pollution, odors, and other nuisance factors. Exhibit 3 contains a
generalized site plan that illustrates a development schematic showing points of
access, building setback lines, and required buffers.
C. TRAFFIC
It is anticipated that the majority of traffic accessing the site will enter and leave the
property via the existing entrance on Route 50. According to figures from the Virginia
Department of Transportation, the Average Annual Daily Traffic on Route 50 in 2000 at
this location was 10,000 vehicles. This figure is inclusive of all motorized vehicles. The
potential exists to develop a second point of access to the site from Route 750. The
Average Annual Daily Traffic on Route 750 in 1986 at this location was 260 vehicles.
However, this location will experience only minor amount of vehicular traffic due to its
location away from the significant traffic flow. VDOT has recommended that access to
Route 750 from the site be limited in order to prevent adverse impacts to Route 750.
Traffic impacts from the proposed rezoning will be estimated using the figures in the
ITE Trip Generation Manual, Sixth Edition. According to the ITE Manual, the most
traffic potentially generated by the property would be from retail sales. By proffer, the
owner is limiting the amount of retail sales area to a maximum of 40,000 gross square
feet. The type of retail use that will serve as a model for traffic impacts will be Specialty
Retail Center, Code 814. Specialty Retail Centers are generally small strip shopping
centers that contain a variety of retail shops and specialize in quality apparel, hard
goods, small merchandise stores and services such as real estate offices, dance
studios, florists, and health services.
Specialty Retail Center, Code 814
Based on a projected gross leasable area of 40,000 square feet:
• Weekday: 40.67 trips per 1000 sf = 1,623 trips
■ Sunday- 20.43 trips per 1000 sf = 817 trips
• Weekday A.M. Peak Hour: 6.41 trips per 1000 sf = 256 trips
■ Saturday: 42.04 trips per 1000 sf = 1,682 trips
■ Weekday P.M. Peak Hour.- 4.93 trips 1000 sf = 197 trips
page 3
IMPACT ANALYSIS STATEMEN'
PARCEL ID 28 ((A)) 63C
The peak weekday trip estimate of 1,623 trips is approximately 16% of the VDOT AADT
value of 10,000 trips. Prior to any development, the developer/owner will be required to
apply to the Frederick County Department of Planning and Development for site plan
approval, and VDOT would perform a full review of any commercial development.
Traffic impacts would be mitigated at that time by the design and construction of
improvements to Route 50 and possibly Route 750.
D. SEWAGE CONVEYANCE AND TREATMENT
There are currently no public sewage facilities available to serve the site. The site is
outside the Frederick County Sewer and Water Service Area. A recent investigation of
the on-site soils has revealed that the soils are not well-suited for the installation of a
subsurface absorption system for the disposal of sewage. During the construction of
the new U. S. Post Office on the adjacent property, Mr. Bryant applied for and received
a permit to discharge treated effluent from treatment facilities intended to serve the
adjacent parcel. The permit, VPDES No. VAG401933, is valid for a discharge of'up to
1000 gallons per day. The treatment facility constructed in association with the U. S.
Post Office was designed to treat and discharge 150 gallons per day. Exhibit 5 contains
correspondence from the Department of Environmental Quality describing the
procedure required to construct additional treatment facilities which would discharge to
the same outfall location as the existing facility. The owner will be responsible for the
construction of the treatment facilities necessary to allow development to occur on the
subject parcel.
The owner of the property will apply for the necessary permits to install an on-site
treatment system at the site plan stage. Under the current condition, any use to be
constructed on the site would be limited to the generation of approximately 800 gallons
per day of sewage effluent.
The amount of potential sewage treatment capacity available for the property is a
significant factor in determining the development potential of the site. It is anticipated
that the site will be developed for retail sales. According to the Commonwealth of
Virginia Sewage Handling and Disposal Regulations, Table 4.1 -Sewage Flows, typical
flows for a "shopping center" are 200 to 300 gallons per day per 1000 feet of ultimate
floor space. Using a design demand value of 200 gpd/1000sf, a retail development
could include approximately 4,000 square feet of building area. The construction of
4,000 square feet of retail space on the subject 7.86 acre parcel would not be the
highest and best use of the land. On the other hand, a miscellaneous sales use may
have a very low sewage demand with restricted use public restroom facilities. Sewage
demand could be based upon the number of emplyees. Typical employee sewage
demand is 15 to 30 gallons per day. Using a design demand value of 20 gpd/employee,
and one employee per 2000 square feet of sale display area, a retail development
could include approximately 40,000 square feet of building area. This type of retail
development could possibly be a grocery or the like.
These values will be reviewed and confirmed by the Health Department at the time of
site plan submission. The rural character of the Gore area would be best preserved if a
page 4
IMPACT ANALYSIS STATEME!"'
PARCEL ID 28 ((A)) 63C
limit is placed on the amount of building area available to the subject parcel. By proffer,
the owner is willing to limit the amount of retail development space to 40,000 square
feet.
E. WATER SUPPLY
There are currently no public water service facilities to serve the site. The site is
outside the Frederick County Sewer and Water Service Area. It is anticipated that an
adequate water supply can be obtained from a standard commercial well to be drilled
on the site. There is an existing on-site well serving the former U. S. Post Office, which
may be adequate to serve any proposed use. Any well and water supply works will
have to comply with the standards of the Virginia Department of Health, Office of Water
Programs.
F. DRAINAGE
The site is located between U. S. Route 50 and the Winchester & Western Rail Road.
Storm water runoff from off-site must pass beneath Route 50 and into an existing
drainage swale along the eastern property line. Drainage from the site flows toward the
rail road right-of-way and mingles with the off-site drainage at the southeast corner of
the property. From there, the water flows approximately 1000 feet to Back Creek. There
are no perennial streams on the site.
An increase in storm water runoff can be expected with any development on the parcel.
Storm water management will be provided in accordance with the Frederick County
Code, Chapter 165. It is anticipated that storm water detention facilities will be created
to serve any proposed development.
G. SOLID WASTE DISPOSAL FACILITIES
The nearest citizens' trash convenience facility is located adjacent to Rt. 632,
Sandmine Road. No additional solid waste disposal facilities will be required for the
proposed development. The amount of solid waste generated by the development can
be estimated based on one pound per employee per day. Using a figure of 40
employees per acres, the estimated number of employees is 314. Tipping fees are
$35.00 per ton. Collection fees are $25.00 per ton. The annual cost projected to meet
waste disposal needs can be estimated by:
cost = cost per ton of waste x tonnage
$3,438.00 = $60.00 x (1x314) x (1/2000) x 365
H. HISTORIC SITES AND STRUCTURES
The site contains no known historic sites or structures as listed on the Virginia
Landmarks Register and the National Register. The Rural Landmarks Survey Report
lists several structures within approximately one mile of the site, which were inventoried
page 5
IMPACT ANALYSIS STATEME``-r
PARCEL ID 28 ((A)) 63C
due to architecturally or historically significant sites or structures. Please refer to
Exhibit 4.
I. COMMUNITY FACILITIES
EMERGENCY SERVICES
Police protection is provided by the Frederick County Sheriff's Department. The nearest
fire responder facility is the Gore Fire Company No. 14. The nearest rescue responder
facility is the North Mountain Fire and Rescue Company No. 19. No additional fire and
rescue facilities will be required for the area proposed to be rezoned. The Frederick
County Capital Facilities Impact Model calculates that the projected capital cost for
emergency service facilities attributable to this development is $00.00. During the site
plan stage of development for the parcel, the Frederick County Fire Marshal will make
a determination of the need for water supplies for fire fighting based on the type of
building proposed for the site. The owner has agreed to make a financial contribution to
the general fund of Frederick County to offset impacts to fire and rescue services.
Please refer to the Proffer Statement contained in the Exhibits.
PARKS AND RECREATION
The Frederick County Capital Facilities Impact Model calculates that the projected
capital cost for public park facilities attributable to this development is $00.00.
1 OTHER IMPACTS
The Frederick County Capital Facilities Impact Model calculates the following
additional fiscal impacts attributable to this development:
• Public Library - $00.00;
• Schools - $00.00
• Sheriff's Office - $00.00;
• Administration Building - $00.00;
• Other Miscellaneous Facilities - $00.00.
After adjustments for tax credits, tho net capital facilities impact is $00.00. Please refer
to item 6 in the Appendix.
�i
IMPACT ANALYSIS STATEMENT-
PARCEL
TATEMENTPARCEL ID 28 ((A)) 63C
IMPACT ANALYSIS STATEMENT
APPENDIX
EXHIBIT 1 - PARCEL LOCATION EXHIBIT
1
EXHIBIT 2 - PROPERTY MAP
2
EXHIBIT 3 - GENERALIZED SITE DEVELOPMENT PLAN
3
EXHIBIT 4 - HISTORIC STRUCTURES MAP
4
EXHIBIT 5 - HEALTH DEPARTMENT CORRESPONDENCE
5
EXHIBIT 6 - FISCAL IMPACT MODEL
6
EXHIBIT 7 - PROPERTY DEED
7
EXHIBIT 8 - CURRENT TAX STATEMENT
8
EXHIBIT 9 - PROFFER STATEMENT
9
page 7
IMPACT ANALYSIS STATEMEr'T
PARCEL ID 28 ((A)) 63C
EXHIBIT 1 - PARCEL LOCATION EXHIBIT
�
Northwestem
Pike
Rt. 50—
See
0_See 3
Gare Road--
Rt.
oad/Rt. 751
Back Creek F
Rt. 704-
2
124
172
2 pts.
171 187
156
129
Point of Rocks
"—APPROXI TE RURAL COMM
CENTER 80 DARY
120
130
2 1A
o°
309 Va 110 j 103 63
3
4zr7 10 P` 2 pts.
O
4 107
3 9 103 O
6 s
7 8 117 123
122
PARCEL L+3 CATI (:) N EX" T B TT
SH ERWO®® BRYANT PROPERTY
DRAWN BY:
PAINTER-LEWIS, P.L.C.
302 S. BRADDOCK ST_, SUITE 200
WINCHESTER, VIRGINIA 22501
TELEPHONE (540) 662-5792
FACSIMILE (540) 662-5793
DRAWING: TM -1
FREDERICK COUNTY, SCALE: 1 50 JOB #98050055
VIRGINIA 03JAN02
IMPACT ANALYSIS STATEMEr`T
PARCEL ID 28 ((A)) 63C
EXHIBIT 2 - PROPERTY MAP
page 9
REVISED
\ CHARL S T BR/LL �Q
ZONING.- RA
USE. RES/OEfV77AL
_
--------`
-
P./.N. 2B -A-16
(2LAN /. &MARY N. ANDE,F) N DRAWN BY.
ZONING. RA PI.N. 28-A-15\ PAINTER-LEWIS, P.L.C.
\USE. RESYDEN7IAL AR N !. & ,MARY N. AN RSON
- - ZON/NG• RA 302 S. BRADDOCK ST., SUITE 200
- 1_ _� USE. t1gCANT WINCHESTER, VIRGINIA 22601
_----- -
--------------------
----_---- --
S --�_
TELEPHONE (540) 662-5792
------- - _ FACSIMILE (540) 662-5793
-------------------------- ROUTE SO KFST BOUND LANES -_-----`--- ----__ DRAWING: GSP-1
----- ----------------- ROU - -------------------�------------
-� 7E 50 EAST 60UND LANES C�J-----
1 / •'r r, I�
7 -IT
86.6 ftr - -
- /
ri
i P.I.N. 28-A-62 !! I -- i/' ♦ ♦ ARTH R -78-A-14 YNALL�
------ /� AIARYH. STAPLES ALL I / BETTYX. ANO,4LL
- -� ZONING.• RA r L� 1 �•'�j ZON/NG. 6-1
GORE ROAO� USE.• MOTEL /
L-- 11 ♦ USE COMMERCIAL
n
i Li
P.I.N. 28-A-61
-
&'r HAL,- _--J � ♦
ZONING • RA P.I.N. 28-A-6.94 N
USE.• RES/DENAAL / N0925100'F TORR DEVELOPERS, LLC
49.02ft ZONING• RA
/ COMMERCIAL _ ,4r
S8679'04'W 282. lift ry \
P./. 28-A-59 I D
/✓ �HNSON / �,
ZGRE_,V. N; P.I.N. 28-A RYAN _
USE.• RES/DENTIAL SHERWOOD BC
RYANT
EXISTING ZONING: RA
PROPOSED ZONING: B2
AREA: 7.8691 ACRES
t
969.58f
PIN. 28-A-56 S-
J. R R. K. MCKEE
ZON/NG RA ROAD
�yF N 8AIL
USE. RES/DENAAL _ _ t 857FR f
P./.N. 28-A-57 �� - _P./.N. 28-A-6�D
/ ! M. HA HN \\ `SOS \ \ / SHERAVOO BRYANT
ZON/NG.• R.4USE. RES/DENAAL P.I.N. 28-A-58 `\ ZONING.• RA
I N. S. SPA/D I USE RESIDENTIAL
2O411A'G- RA
I USE RES/DEN77AL '
PROPERTY MAP FREDERICK COUNTY SCALE: 1„
VIRGINIA , JOB #98050055
DATE: 03JANO2
IMPACT ANALYSIS STATEMENT
PARCEL ID 28 ((A)) 63C
EXHIBIT 3 - GENERALIZED SITE DEVELOPMENT PLAN
page 10
REVISED
P./.N. 7 RRIlL7 DRAWN BY:
CHARLES T. BRILL, ✓R. PZON/N_q-16 \� PAINTER-LEWIS, P.L.C.
ZON/NG. Rq FLAN /. �k MAR Y N. ANDEL N
USE RESIDZN77AL G. RA
USE RES/OENPAL ` PLN. 28—A-15\ 302 S. BRADDOCK ST., SUITE 200
AR N I. & MARY N AN \RTON WINCHESTER, VIRGINIA 22601
_ — — — SON/NG.• RA TELEPHONE (540) 662-5792
USE .• VACANT FACSIMILE (540) 662-5793
---`------------ —�-- — DRAWNG: GSP-1
--———————————---———— — — — — ——
ROUTE 50 HEST BOUND LANES ------
__—_`-----------_—
-- --------ROUTE SO EAST BOUND LANES
1� % -- � -------------------
t / �
_ P.I.N. 28—A-62
STAPLESZaVING.- R,4
USE.•
2S1 ` GORE R%D� M07EL
P./.N. 28—A-61 �_fj�lfj J II
Z NO NG4LA — — 1--- 1
USE. RES/DEN77ALpLN 28—A -63A
N097300 E 701fER OEVELOP,-R. LLC
4919M, ZON/NG RA
BUFFERS / ///// _ _ USE.• COMMERC/qL _
PL�y 28—A-59 I /
IV, JOHNSON
ZONING' RA /
USE. RES/DENI7AL
!N. 28—A-56
R. K. MCKEE �� S'iLF
ZONING.• R.4
RESIDENT74L
P./.N. 28—A-57 `
/ ✓MG'4
ZON/NG. RR
A 4�CFS
OSE' RESIDENTIAL SS
i
�___�ZzmSETBACKS
'./.N. 28-A-59
N. S SPA ID \
ZONING.• RA
SE RES/DEN77A/
g69.5Bft
c--------------
�' � y SETBACKS
I'•LN. 28-A-14
AR
7NUR L YNDALL &
BETTY K. ANDERSON
USE.�COMMERCAL
Lei
RAIL K�.
ydNCHESTER
A4A- HERN. 28 -A -6,3D
#470D BRYANT
I ZONING- RA
- USE. RESIDEN7741
GENEI?,%.ALIZED SITE PLA
FREDERICK COUNTY SCALE: 1"=150
VIRGINIA , JOB #9805005
DATE: 03JAN 02
IMPACT ANALYSIS STATEMEI"
PARCEL ID 28 ((A)) 63C
EXHIBIT 4 - HISTORIC STRUCTURES MAP
Number
Common Name
I Character
34-161
Willa Cather Birthplace
side passage plan
34-162
Willow Shade
34.476
Gable Front House
34-477
Brill House & Smith Schoolhouse
34-478
lHouse on Rt. 50
JW W 1 period
34-479
ISmith-Anderson Log House
34-480
Dr. S. J. Smith House
Icentral passage single pile plan
34481
IlDr. Schaeffer House
34-1093
Gore Day School
JW W I period
34-1094
Jerimiah Smith House
IRevolutionary War period
34-1095
House on Rt. 50
lRevolutionary War period
34-1096
ISeibert Cemetery
341097
Jerimiah Smith Cemetery
34-1514
Smith -Fries House
Agricultural Outbuildings
page 11
IMPACT ANALYSIS STATEMENT
PARCEL ID 28 ((A)) 63C
EXHIBIT 5 - HEALTH DEPARTMENT CORRESPONDENCE
page 12
COMMONWEALTH of VIRGINIA
DEPARTMENT OFENVIRONMENTAL QUALITY
Valley Regional Office
James S. Gilmore, III
Governor Street Address: 4411 Early Road, Harrisonburg, Virginia 22801
Mailing Address: P. o. Box 3000, Harrisonburg, VA 22801-9519
Ronald P. Hamm Telephone (540) 574-7800 Fax (540) 574-7878
Secretary of Natural Resources http://www.deq.state.va.us
December 10, 2001
John C. Lewis, P.E., C.L.A.
Painter -Lewis, P.L.C.
302 South Braddock Street, Suite 200
Winchester, VA 22601
RE: General VPDES Permit No. VAG401933, Gore U.S. Post Office
Dear Mr. Lewis:
Dennis H. Treacy
Director
R. Bradley Chewning, P.E.
Valley Regional Director
I received your letter inquiring about the procedures required for obtaining a permit to
construct a discharging system on the property of Gore U.S. Post Office which would discharge
through the same pipe as the existing Post Office system. Mr. Bryant must complete a Virginia
DEQ Registration Statement for the General Permit for Domestic Sewage Discharges of Less
Than or Equal to 1,000 Gallons Per Day. Complete the Registration Statement considering both
the existing system and the proposed system. Pay particular attention to question #8. This
question must be answered because of the proposed portion of the discharge.
Once the general permit has been issued, Mr. Bryant must obtain authorization from the
Virginia Department of Health (VDH) for the construction and operation of the sewage treatment
facilities. To obtain this authorization, please submit a copy of the plans and specifications for
the treatment facilities to this office and to VDH. For this facility, the appropriate VDH office is
Division of Wastewater Engineering, Rockbridge Square Shopping Center, 131 Walker Street,
Lexington, Virginia 24450 (phone: 540-463-1642). After review of the plans and specifications,
a Certificate to Construct will be issued. When construction is complete, VDH personnel will
conduct an inspection of the treatment facilities. If construction has been completed according to
the plans and specifications, and there are no other deficiencies, VDH personnel will recommend
issuance of a Certificate to Operate.
AN Agency of the Natural Resources Secretariat
John C. Lewis
Page 2
If you have any questions dealing with this process or with completing the Registration
Statement, please give me a call at (540) 574-7892.
Sincerely,
Brandon D. Kiracofe
Environmental Engineer
cc: File — Gore US Post Office
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name:t"�Q,�{zr . ��,,5 , tom. l .C. Telephone:
Address: _3c3 2 5. -b radd.m c k 5+.f Sic , ac e
UI -1 : n c lti-P-s +- , g ./.A z^ z G v 1
2. Property Owner (if different than above)
Name: (1 �,,,, �, a� Br.r ca r�k Telephone:
Address: P. u. L'U c x [ ci t
&a(e.,VA as to 33
3. Contact person if other than above
Name: 7nk, 0—. Ltw:s, P. E • Telephone: (5qu) (v (ca -5?y z
?t r.,&4c�- I -c.c.s, p.L.0
4. Checklist: Check the following items that have been included with this application.
Location map Agency Comments /
Plat Fees
Deed to property - Impact Analysis Statement
Verification of taxes paid Proffer Statement /
11
5. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
k -e (W va n .A-
6. A) Current Use of the Property: V a. c �-
B) Proposed Use of the Property:
7. Adjoining Property:
PARCEL ID NUMBER USE
ZONING
r 2'"
' k _ E
i
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using Toad names and route numbers):
A00' ,lr as -F of n, o -C Raves 75 1 4- RoJtt
5 o L> n- /i' W -4A s "d -e i f- :Lk- 5 0
12
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number a F(C A) (. 2S G
Districts
Magisterial: 16g.,_ v- G�r c ---Y,
Fire Service: CI a 4-z F; r,-- Co. -e J� t
Rescue Service: t ooh HO,jnAu..n Cr:rGa
R"' "3 e- G». LG1-1
High School: _
Middle School: _
Elementary School:
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres
Current Zoning
Zoning Rt nested
.gc�R t
t
B 2 -
Total acres a to be rezoned
Total
11. The following information should be provided according to the type of rezoning
proposed
Single Family hi
Non -Residential
Office:
Retail:
Restaurant:
Townhome:
Mobile Home:
13
Service
Warehouse:
Other:
ulti-Family:
)tel Rooms:
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors' public hearing and maintained so as to be visible from the
road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accufate to the best of my (our) knowledge.
Applicant(s): Date: -z
Date:
Owner(s): G Date: Z Z
Date:
14
11 4
Adjoining Property Owners
Rezoning -
Owners ofproperty adjoining' the land will be notifieu of the Planning Commission and the Board
of Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
15
Name and Property Identification Number
Address
Naive-
�4 yr..�-kl/.i C' - `f YlG i;S,. ;'! 'i
y,.'�W 11. !�. �!i"•Gi C'�.f {�i'
.i� .,
'- -'
Pro e #
Name
r
n C
property # t -j a i'I (". J I
% Name
`k-
Property # ill
Name r
�- 7
_
J
v,
Property # '
i Name
Mr . „ �: Y I
Prope# :' ' ! 4"
Name ` :;
i_= ' : I
;
r
Pro2erty#
Name
Propefty
Name !f
:;, ; r •�: f t' f <.. z r
Property # r.
Fe E.r
q
r .
Name
Pro ea #
Name•q R ,rori ti:.,
.r.. ;c, ,
{a'7S 7
15
•
•
C�
REZONING APPLICATION #05-02
RED BUD RUN
Staff Report for the Planning Commission
Prepared: June 20, 2002
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 06/05/02 Recommended for Approval
* Returned to PC; public hearing sign not posted properly
07/01/02 Pending
Board of Supervisors: 08/12/02 Pending
PROPOSAL: To rezone 157.01 acres from RA (Rural Areas) to RP (Residential Performance) District.
LOCATION: This property is located directly between Red Bud Road and Route 7.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 55-A-105, 106 and 107
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas) District
Land Use: Vacant, undeveloped and
single-family dwelling
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned RA (Rural Areas) District
South: Zoned RA (Rural Areas) District
Zoned MH 1 (Mobile Home Community)
Zoned B 1 (Neighborhood Business)
East: Zoned RA (Rural Areas) District
West: Zoned RA (Rural Areas) District
Use: Residential, Church, and Vacant
Use: Residential
Use: Residential
Use: Business
Use: Residential
Use: Residential and Public Schools
REZ 405-02, Red Bud Run
Page 2
June 20, 2002
PROPOSED USE: 300 single-family residential dwellings.
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: See attached e-mailsfrom Steve Melnikoff dated 10123/01 and
03/0$/02. See attached letter from Steve Melnikoff dated 6/10/02.
Fire Marshal: Fire hydrants shall be installed per FCSA requirements and Frederick County Code
Chapter 90. "No Parking Fire Lane" markings and signage shall be provided at all fire hydrants. Fire
hydrants shall be set at three feet from curb and spacing shall allow coverage to within 300 feet of all
single-family dwelling units. A loop in the water supply system, whether connected to the FCPS site or
separate connection to Rt. 7 will greatly enhance fire suppression activities. Plan approval
recommended.
Greenwood Volunteer Fire & Rescue: Change to Greenwood Fire & Rescue Co. in place of all Fire
& Rescue comments (o.k.'d since written). With the current capabilities of Ash Hollow Run, what will
be done to prevent flow to this creek causing backup due to excessive water flows?
Sanitation Authority: The conceptual plan for providing water and sewer service to the proposed
property is acceptable.
County En i neer: This was an outstanding application. I particularly appreciated the offer to create
the environmental easement and construct BMP facilities throughout the development. The latter proffer
goes above and beyond our current stormwater requirements.
Parks & Recreation: This rezoning application includes a proffer for Parks and Recreation which
reflects 50% of what the impact model recommends will be needed to meet the Parks and Recreation
demands of this development. This matter should receive close consideration, as many of the people
moving to our community will be requesting the level of leisure services for which they have become
accustomed.
Frederick Co. Public Schools: Please see attached letterfromAl Orndorff, Administrative Assistant
to the Superintendent, dated 2/04/02.
Historic Resources Advisory Board: Please see attached letter from Rebecca Ragsdale, Planner
I, dated 2/21/02.
County Attorney: Once signed by owner, proffers appear to be in proper form.
REZ #05-02, Red Bud Run
Page 3
June 20, 2002
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning
for the subject parcels which comprise the proposed rezoning as A-2 (Agricultural General)
District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural
Areas) District on February 14, 1990 during the comprehensive amendment to the county's
Zoning Ordinance.
2) Location
The three parcels which comprise the proposed rezoning are located on the north side of
Berryville Pike (Route 7); and south of Red Bud Road (Route 661). Woods Mill Road (Route
660) bisects the subject site. Berryville Pike is classified as a major arterial roadway; Woods Mill
Road a minor collector roadway.
The 157 -acre subject site is located in an area that is rural in nature. Adjoining properties include
tracts that are utilized for agricultural purposes, as well as large lot residential. The Red Bud
Elementary School and the Millbrook High School property is located immediately west of the
subject site.
3) Comprehensive Policy Plan
The parcels are within the county's Urban Development Area (UDA), and are partially included
in the Route 7 East Corridor Land Use Plan. The Route 7 East Corridor plan was initially
adopted by the Board of Supervisors in 1994, and is a component of the County's Comprehensive
Policy Plan. The Route 7 East Corridor plan does not address any specific future land use for
the subject properties. The Comprehensive Policy Plan states that suburban residential
development must occur within the UDA.
The subject properties were bisected by the Urban Development Area (UDA) prior to December
2001. At the Board of Supervisors' meeting on December 12, 2001, the Board approved a
request to include the subject properties, in their entirety, within the UDA.
3) Site Suitability
The three parcels which comprise the proposed rezoning contain areas that are defined as steep
slopes, woodlands, and floodplain. The steep slopes are generally located on the northern and
southern extremes of the subject site. The floodplain area is located along Red Bud Run which
travels through the northern section of the site. The site exists within the Martinsburg shale
geologic area of the County, similar to most development within the UDA.
REZ #05-02, Red Bud Run
Page 4
June 20, 2002
The general site development plan calls for the establishment of a conservation area to
accommodate the northern portion of the site's steep slopes and floodplain. Future ownership
of this conservation area is not clear.
The 157 -acre site has road frontage along Berryville Pike (Route 7), Woods Mill Road (Route
660), and Morgans Mill Road (Route 661), which are all within the Virginia Department of
Transportation system of roads. The Zoning Ordinance prohibits direct access for individual
residential lots onto roads classified as arterial (Berryville Pike).
By policy, the parcel is entitled to be served by public water and sewer. The Frederick County
Sanitation Authority has indicated that adequate capacities exist to serve the development
proposal for this parcel.
4) Intended Use
The applicant proposes the establishment of a residential development. The submitted proffer
statement offers to limit the development to 300 single-family lots. (Approximately 1.9
dwellings per acre).
5) Potential Impacts
a) Transportation
Impact Analysis Statement
Information provided within the applicant's Impact Analysis Statement advises that traffic
generation from the 157 acres requested to be rezoned will produce 3,000 ADT on the existing
road system, as calculated utilizing The In of Transportation of Engineers Trip Generation
Report, 6"' Edition, Classification 210 - Single-family Detached. Current traffic counts on
Berryville Pike at Woods Mill Road are 9,928 (westbound lane) and 12,243 (eastbound lane)
vehicle trips per day. The applicant has provided information indicating that Woods Mill Road
has a ADT of 2,340.
The applicant has proposed an extensive road improvements plan to accommodate the proposed
trip generation resulting from the development. This plan includes improvements to Woods Mill
Road and Berryville Pike intersection, as well as the establishment of a collector roadway to link
Woods Mill Road with the school property to the west. The Impact Analysis Statement refers to
the applicant's Proffer Statement to indicate what improvements will occur with the development.
Review Agency Comment
The Virginia Department of Transportation (VDOT) has reviewed the applicant's transportation
improvement plan. The VDOT comment dated October 23, 2001 acknowledges the applicant's
REZ #05-02, Red Bud Run
Page 5
June 20, 2002
concept plan for road improvements. The VDOT comment dated March 8, 2002 acknowledges
the revised proffer statement and suggests minor clarifications to the proffer statement.
In a letter dated June 10, 2002, VDOT provides comments on the Traffic Impact Analysis.
Specifically, VDOT suggests that private entrances be prohibited on Morgans Mill and
Woods Mill Roads, as well as requests the applicant to enter into a signalization agreement
for the intersection of Woods Mill Road and the proposed minor collector roadway. VDOT
also expressed some concern regarding the responsibility for the improvements that the
applicant has suggested for Woods Mill Road.
Planning Staff Comment
The Traffic Impact Analysis dated May 1, 2002 provides an accurate depiction of the current
traffic information for the impacted roadways immediately southwest of the site. The study also
provides the current and projected Level of Service (LOS) information for the impacted roadways.
The 2000 Virginia Department of Transportation Daily Traffic Volumes Jurisdiction Report34
indicates that the average annual weekday traffic (AAWDT) counts for Berryville Pike from the
City of Winchester line to the Clarke County line was 24,000 trips. The applicant has estimated
that the build -out of this acreage would generate 3,000 ADT, and approximately 89 percent of
these vehicles would use Berryville Pike. Therefore, it appears the rezoning request would add
2,670 trips to Berryville Pike; an increase of approximately 11 percent.
Based on information provided in the Traffic Impact Analysis, Woods Mill Road has a ADT of
2,340. The applicant further indicates that 70 percent of the traffic generated from the
development would access Woods Mill Road, one percent traveling north, and 69 percent
traveling south. Utilizing these assumptions, the proposed development would introduce 2,100
vehicles per day onto Woods Mill Road. This projection almost doubles the traffic on Woods Mill
Road, although it is fair to assume that most of the traffic would travel south on Woods Mill Road,
in the areas which the applicant has proffered road improvements.
The applicant, through the proffer statement, has proffered to provide road improvements to
Woods Mill Road and Berryville Pike, construct a new east -west collector road on the site.
021
MEMENIMME
VA
b) Historic Resources:
Impact Analysis Statement
Information provided within the applicant's Impact Analysis Statement advises that the proposed
development would preserve a portion of the site of historic Woods Mill and Mill Race. The
analysis further acknowledges that the National Park Service (NPS) has designated a portion of
REZ 905-02, Red Bud Run
Page 6
June 20, 2002
the subject site as a core battlefield. To mitigate impacts on the effects of historical interpretation
of the battles, an open space plan has been prepared. This open space plan will provide an
environmental and historical preservation corridor along Red Bud Run and along Berryville Pike.
The analysis states that approximately 33.1 percent of the site will be preserved.
The applicant has provided documentation, compiled by Lynn L. Sims, indicating that while the
subject site may be considered a portion of the Third Battle of Winchester, no actual fighting
occurred on the properties.
Review Agency Comment
The Frederick County Historic Resources Advisory Board (HRAB) comments, dated February 21 ,
2002, expresses concern for the loss of historic core battlefields. Specifically, the HRAB has
concerns about loss of viewsheds of the battlefield, the housing density of the proposed
development, and its impacts on possible battlefield network connections to Stephenson's Depot.
The HRAB does not support this request.
Planning Staff Comment
The subject properties are located within the limits ofthe Third Winchester (Opegoun) Battlefield
core area, as delineated by the National Park Services' (NPS) Study of Civil War Sites in the
Shenandoah Valley. Therefore, the HRAB has expressed concern for the loss of historic
battlefields and the aesthetic qualities of the rural community in which these parcels are located.
The applicant is encouraged to provide for historical interpretation sites and the preservation of
natural and historical viewsheds. Additionally, it may be appropriate to establish increased buffers
along Berryville Pike, the route utilized for troop movement.
C) Water and Sewer:
Impact Analysis Statement
Information provided within the applicant's Impact Analysis Statement advises that the proposed
development would generate approximately 60,000 gpd of sewage, based on the Frederick County
Sanitation Authority (FCSA) average of 200 gpd per residential unit. An offsite sewer system
would be created using a pump station near Route 7 that will provide adequate sewer capacity for
the proposed project. An existing 8" sewer line, which has a capacity of 340 gpm and is less than
100 gpm flow at present, will be utilized to convey the sewage to the Opequon Regional
Wastewater Treatment Plant.
Water demand for this project is estimated to be 60,000 gpd. There are no known deficiencies that
will prevent adequate service from being provided to the project by the FCSA. An existing water
main located south of Route 7 would be utilized to serve the project. A water loop would be
established through the site to the school site located to the west.
REZ #05-02, Red Bud Run
Page 7
June 20, 2002
Review Agency Comment
The Frederick County Sanitation Authority (FCSA) comment, dated February 6, 2002, states that
sufficient water and sewer capacity exist to serve the demands of the rezoning.
d) Community Facilities
Public Schools
The proposed residential development would increase student enrollment capacities, thus
impacting Red Bud Elementary School; James Wood Middle School; and Millbrook High School.
The Frederick County Public School Administration (PSA) comment states that this development
could yield 150 new students. Furthermore, the PSA identifies that the school facilities within
this area of the county are nearing maximum design capacities. The cumulative impact of this
project and others of a similar nature, coupled with the number of approved, undeveloped
residential lots in the area, will necessitate the future construction of new school facilities to
accommodate increased school enrollment. The PSA does support the proposal to construct a
minor collector road joining the school property with Woods Mill Road.
The County's Capital Facilities Impact Model projects a negative impact on the school system
of $7,162 per lot. The applicant has proffered a monetary contribution of $3,581.00 per lot to
mitigate the impacts to the school system; this contribution is consistent with the County's policy
expectation of 50 percent.
Parks and Recreation
The Department of Parks and Recreation comment identifies that the monetary proffers received
from new residential projects do not allow their department to keep pace with the recreational
demands of the county residents, especially as many of the people moving to our community will
be requesting the level of leisure services for which the have become accustomed.
The County's Capital Facilities Impact Model projects a negative impact on the parks and
recreation system of $1,195 per lot. The applicant has proffered a monetary contribution of
$598.00 per lot to mitigate the impacts to the parks and recreation system; this contribution is
consistent with the County's policy expectation of 50 percent.
6) Proffer Statement
The applicant has submitted a proffer statement which has been signed by the property owner,
notarized, and reviewed by the County Attorney's office. The following list is a summary of the
conditions voluntarily proffered by the applicant:
REZ #05-02, Red Bud Run
Page 8
June 20, 2002
• Monetary contribution of $5,454.00 per lot.
• Maximum of 300 single-family dwelling units; No multi -family units.
• Road improvements to, including signalization of, Berryville Pike and Woods Mill Road.
• Construct a minor collector road linking the school property with Woods Mill Road.
• Establish a stream preservation parcel of 28.4 acres along Red Bud Run.
• Prohibit the construction of a FCSA sewage pump station within the Red Bud Run
watershed.
• Utilization of BMPs to manage quantity and quality of stormwater runoff.
STAFF CONCLUSIONS FOR 06/05/02 PLANNING COMMISSION MEETING:
The 157 -acre site proposed for residential land use is located within the county's Urban Development
Area (UDA) and the Sewer and Water Service Area (SWSA). The Comprehensive Policy Plan states
that suburban residential development must occur within the UDA. The 157 -acre site has significant
frontage along three state -maintained roads and can be served with public water and sewer with adequate
capacities.
The applicant has submitted a proffer statement to attempt to mitigate the impacts associated with this
residential rezoning proposal. The proffered conditions include a monetary offer to offset costs
associated with the capital facilities needs of various county service providers, the offer to limit the
number of residential units to 300 single-family lots, and the offer to improve the intersection of
Berryville Pike and Woods Mill Road.
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Staff believes that the applicant should adequately address the following issues to the satisfaction of the
Planning Commission prior to a recommendation being forwarded to the Board of Supervisors regarding
this proposal:
• The applicant should consider strengthening the buffer along Berryville Pike in an effort to further
preserve the historic viewshed, lessening the visual impact of the proposed development.
The applicant should consider the establishment of a buffer and landscape screen along Morgans
Mill and Woods Mill Roads to lessen the visual impact the development may have. Consideration
should also be given to prohibiting private driveway entrances on these two roads.
• Clarification as to who will own the proffered stream preservation parcel, as well as how this
parcel will be made available for public use.
• The applicant should clarify why the Traffic Impact Analysis does not include: analysis concerning
the proposed cross roads on Woods Mill Road; justify why Morgans Mill Road should be cul-de-
sac'd, and analysis on how such would be accomplished; illustrations as to what improvements
to Woods Mill Road would be proposed to accommodate a 100 percent increase in traffic; and
REZ #05-02, Red Bud Run
Page 9
June 20, 2002
the proposed improvements to Morgans Mill Road to increase sight distance at the proposed
collector road connection.
The applicant is encouraged to provide for historical interpretation sites and the preservation of
natural and historical viewsheds. Additionally, it may be appropriate to establish increased buffers
along Berryville Pike, the route utilized for troop movement.
PLANNING COMMISSION SUMMARY & ACTION OF 06/05/02
Staff presented the application to the Planning Commission and identified a number of issues identified
by staff and VDOT that were not adequately addressed by the applicant. The applicant reviewed the
planned transportation improvements, and other proffered conditions.
A number of citizens spoke during the public hearing. Concerns raised included: additional needs to
protect the Red Bud Run watershed; concerns with impacts to the existing road network; preservation
of battlefield lands; and the potential increase in the school age population. Citizen comments also
addressed: the positive aspects of the property's location in proximity to the arterial roadway (Berryville
Pike); and that the site is within the County identified growth area. A citizen also raised concern that a
public hearing sign may not have been posted on the site.
Following discussion, the Planning Commission recommended approval of the rezoning request.
UPDATE SINCE PLANNING COMMISSION MEETING ON 06/05/02:
Staff confirmed that the subject site was not properly posted to inform the public about the June 5, 2002
rezoning public hearing. Accordingly, the County Administrator directed staff to return the rezoning
application to the Planning Commission in order to fulfil the public notice requirements. The application
was scheduled for a public hearing at the Planning Commission's July 1, 2002 meeting.
The applicant has submitted a revised proffer statement to address concerns raised by staff, the Virginia
Department of Transportation, the Planning Commission, and citizens during the June 5, 2002 public
hearing. The revised proffer statement, signed by the property owners on June 17, 2002, provides for:
• Monetary contribution of $5,454.00 per lot.
• Maximum of 300 single-family dwelling units; No multi -family units.
• Road improvements to, including signalization of, Berryville Pike and Woods Mill Road.
• Construct a minor collector road linking the school property with Woods Mill Road.
(New condition) Conduct necessary improvements to address sight distance concerns
at Morgans Mill Road and the proposed minor collector road.
• (New condition) Enter into a signalization agreement for possible traffic signal at the
proposed minor collector road and Woods Mill Road.
• (New condition) Limit the number of private driveway entrances onto the proposed
minor collector road.
REZ #05-02, Red Bud Run
Page 10
June 20, 2002
• Establish a stream preservation parcel of 28.4 acres along Red Bud Run.
(New condition) Parcel to be held by property owner until such time as an appropriate
management party is identified and approved by the Board of Supervisors.
• Prohibit the construction of a FCSA sewage pump station within the Red Bud Run
watershed.
• Utilization of BMPs to manage quantity and quality of stormwater runoff.
• (New condition) Work with the Shenandoah Valley Battlefield Foundation to establish
viewshed protection plan along Route 7.
• (New condition) Prohibitprivate entrances on Morgans Mill and Woods Mill Roads.
Work with County to establish viewshed protection plan for the roads.
O.\Agendas\COMMENTS\PEZONING\Staff Report\2002\Red Bud Run.PC.2.wpd
rQgC 1 Vl G
Chuck Maddox
From: "Funkhouser, Rhonda" < RFunkhouser@VDOT. STATE. VA. US>
To: "Charles E. Maddox Jr. (E-mail)" <gwcacem@mnsinc.com>; "G. W. Clifford & Associates (E-
mail)" <gwcliff@mnsinc.com>
Cc: "Diamond, Jim" <JDiamond@vdot. state. va. us>; "Downs, Kelly" <KDowns@vdot.state.va.us>;
"Melnikoff, Steve" <SMelnikoff@VDOT.STATE.VA.US>; "Sweitzer, Barry"
<BSweitzer@VDOT. STATE.VA. US>
Sent: Tuesday, October 23, 20012:42 PM
Subject: Red Bud Run Residential Subdivision
Virginia Department of Transportation
Edinburg Residency
October 23, 2001
Mr. Charles E. Maddox, Jr., P.E., V.P.
G. W. Clifford & Associates, Inc.
117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
Ref: Red Bud Run Residential Subdivision
Route 7 Road Improvement Plan (Concept)
Route 7, Berryville Pike @ Route 660, Woodsmill Road
Frederick County
Dear Chuck:
A VDOT review has been completed on the Concept Plan dated March 28, 2001
for the referenced project. The proposed roadway improvement is associated
with the development of the subject subdivision at the referenced location.
Existing Route 7 at this location is a divided primary highway with two
traffic lanes in each direction. Horizontal distance between (median area)
the two roadway center line is 130' parallel and the grade (elevation)
separation of the lanes is approximately 29' at the Route 660 "T"
intersection crossover.
The purpose of this concept plan would be to improve this existing
intersection to provide adequate safe movement of the additional volumes of
traffic generated by the proposed Red Bud Run Residential Subdivision.
Build out traffic volumes are anticipated to warrant "modifications" of the
existing signal hardware.
The proposed Concept Plan is acceptable to this office. However, the
transition from Concept to Preliminary Design should be made in a manner
which includes sufficient survey and preliminary design data for review by
VDOT personnel to satisfy standards and safety concerns surrounding the site
conditions. A prerequisite to design (including preliminary design) should
be to test bore the soil condition to determine suitability of soil for
supporting Route 7 WBL stability, especially if ramp widening, relocation
10/23/2001
creates any undercutting of existing roadway.
The respective gradient on proposed exit and entrance ramps from and to EBL
Route 7 should be developed to the least percent practical for the
condition. Recommend flatter gradient than proposed on the Concept Plan.
Your office should proceed with development of a Preliminary Design Plan
under guidelines herein and in consort with FHWA and VDOT design standards.
We will be happy to review a preliminary plan in order to affect an
acceptable traffic movement intersection at this location whenever a plan
should be submitted.
If there are any questions, please do not hesitate to call.
Barry J. Sweitzer
Trans. Roadway Engineer
VDOT — Edinburg Residency
Permit & Subdivision Section
14031 Old Valley Pike
Edinburg, VA 22824
(540) 984-5631
(540) 984-5607 (fax)
iar'%,Z,vi 4
10/23/2001
From: Melnikoff, Steve<Steve_Melnikoff@VirginiaDOT.org>
To: 'Eric Lawrence' <elawrenc@a@co.frederick_va.us>
—C: Melnikoff, Steve<Steve. Melnikoff@Virg inia DOT. org >
`` Tilte: Friday, March 08, 2002 12:09 PM
Subject: Rezoning Comments - Redbud Run Subdivision
VDOT requests the Transportation Comments of McTierman Rezoning Request as
indicated in Section V Proffer Statement be modified as follows:
General Development Plan
2. Modify, alter or reconstruct Route 7 east bound lane left turn lane and
taper to the Route 7/Route 660 crossover. Modify, alter or reconstruct the
Route 7 east bound lane, acceleration lane from Route 7/ Route 660
crossover. Modify, alter or reconstruct the Route 7 west bound lane, right
turn lane and taper to Route 660. Construct a right turn lane and taper,
Route 7 east bound lane, into the Blue Ridge Mobile Home Park.
The west bound lane Route 7/Route 660 intersection is to be signalized in
conjunction with the intersection improvements.
Route 660, Woods Mill Road, is to be upgraded to include full width lanes,
left and right turn lanes and associated tapers across the parcel that
-)nts Route 660.
3. A minor collector roadway shall be constructed in Phase I of project to
Woods Mill Road with Morgan's Mill Road.
Steven A. Melnikoff
Transportation Engineer
VDOT — Edinburg Residency
Permit & Subdivision Section
14031 Old Valley Pike
Edinburg, VA 22824
(640) 984-5611
(540) 984-5607 (fax)
I -d c6flo-S99-0*19 'ovsse I PJ0JJIJ0 -m-2 eae:01 z0 ca Pew
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPD
COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER
June 10, 2002 TEL(540)984-5600
FAX (540) 984-5607
Mr. Charles E. Maddox, Jr., P.E., V.P.
0. W. Clifford 3c Associates, Inc.
117 E. Piccadilly Street, Suite 200
Winchester, VA 22601 PA YF7n
Ref: Red Bud Run JUN
Routes 7, 656 & 660 1 2-'
Frederick County
Dear Mr. Maddox:
The Edinburg Residency received Staunton District comments on the revised Traffic
Impact Analysis dated May 1, 2002 on June 4, 2002. I am offering these along with
additional Residency concerns for consideration.
On April 4, 2001, VDOT received a document from your office with data prepared by
PHR & A identifying current traffic conditions at Routes 7 and 660. This document was
developed to identify current conditions and include some traffic capacity/operational
information and not enough data to perform a complete review. The next Traffic
Impact Statement was dated May 1, 2002, but not received in this office until May 23,
2002 whirh ,"oras subsequently s. -.-,t to our District \^if ice Tr ai i is -i tyii �CerII ig Section on
May 29, 2002. Traffic & Engineering comments were received back on June 4, 2002,
leaving insufficient time for the Residency to submit our concerns, in writing, to your
office. Therefore, may I submit the following for your consideration and inclusion in the
McTiernian Rezoning Application, also known as Red Bud Run.
VDOT submits the following concerns and looks forward to your proposals to mitigate
same:
• Enter into a signalization agreement for the intersection of the minor collector
roadway and Route 660, Woods Mill Road.
• VDOT requests consideration of eliminating private entrance access directly from the
subdivision to Route 656, 660 and the proposed minor collector roadway.
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
Mr. Charles E. Maddox, Jr., P.E., V.P.
Ref: Red Bud Run
June 10, 2002
Paqe #2
• Should the connection to Route 7, from Route 656 be severed or the Route 7
crossover be eliminated at this location, traffic will be routed onto the new minor
collector roadway, increasing the chances for potential conflict between private
access driveways and passing motorists.
The Rezoning Application Notes in several places, i.e. reply to Agency Comments,
Traffic Impact Analysis, the Project Engineer's recommendation to consider the closing
of Morgan's Mill Road or closing the Route 7 median access, effective making Route 656
a right in/right out condition:
• The severing of Route 656, Morgan's Mill Road, and creating a cul-de-sac will direct
.south bound Route 656 traffic to.the improved Route 660/Route 7 Intersection by
way of the minor collector may have merit. However, the closure of this roadway
will require a VDOT generated public hearing.
• The closure of the Route 7 crossover and ramps may also have merit.
• These traffic recommendations may deserve consideration. However, consideration
must be given to who will finance these changes. Will these modifications be
financed by the developer? Frederick County?
• The construction of a commercial entrance to school property may only be allowed
with approval by Frederick County Public Schools and VDOT. This entrance will
require obtaining adequate sight distance along with complete engineering plans
approved through the Edinburg Residency Office and the issuance of appropriate
Land Use Permit.
Please give these comments and concerns consideration for our approval.
Should you have any questions, do not hesitate to call.
SAM/rf
xc: Mr. C. B. Harris
_M _-Dave Heironimus
-Mr. Eric LawrenCe---.
Sincerely,
Steven A. Melnikoff
Transportation Engineer
f
Frederick Coun rPubllc5chools
Wministrative Assistant to Visit us at www1rederick.kl2.va.us e-mail:
he Superintendent orndorfa@frederick.k12.va.us
February 4, 2002
C. E. Maddox, Jr., P.E., Vice President
Gilbert W. Clifford & Associates
117 East Piccadilly Street, Suite 200
Winchester, VA 22601
RE: Red Bud Run
Dear Mr. Maddox:
This letter is in response to your request for comments concerning the rezoning application for the
Red Bud Run. Based on the information provided, it is anticipated that the 300 new residences in Red
Bud Run will yield 150 new students. The 2001-02 projected per pupil cost is $7,473 of which $3,635
comes from local revenue. The 150 new students will cost the school division $1,120,950 annually at the
current dollar value. Out of this amount, the locality will provide $545,250. These figures do not reflect
capital expenditures for buildings and their debt service.
Significant residential growth in this portion of Frederick County has resulted in the schools
serving this area having student enrollment near or exceeding their design capacity. The cumulative
impact of this project and others of a similar nature, coupled with the number of approved, undeveloped
residential lots in the area, will necessitate the future construction of new school facilities to accommodate
increased student enrollment.
The construction of a minor collector road through the proposed Red Bud Run project would be of
significant benefit to the schools located adjacent to the project. A gated entrance/exit from the school
property to the minor collector road and onto an improved Woods Mill Road and signalized west lane
intersection on Route 7 would help improve overall traffic safety.
The impact of this subdivision on current and future school needs should be considered during the
approval process.
Sincerely,
Al Orndorff
Administrative Assistant to the Superintendent
cc: Dr. William C. Dean, Superintendent of Schools, Frederick County Public Schools
Robert W. Cleaver, Asst. Superintendent for Administration, Frederick County Public Schools
>40-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-722-2788
L:/Planning/Redbud Run
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
February 21, 2002
Mr. Charles E. Maddox, Jr., P.E.
Gilbert W. Clifford & Associates, Inc
117 East Piccadilly Street, Suite 200
Winchester, VA 22601
RE: Red Bud Run Rezoning
Dear Mr. Maddox:
The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal
during their meeting ofFebruary 19, 2002. The HRAB reviewed information associated with the Frederick
County Rural Landmarks Survey, the National Park Service Study of Civil War Sites in the Shenandoah
Valley, and information about the Third Winchester (Opequon) Battlefield provided by the applicants'
historian, Lynn L. Sims, Ph.D. The HRAB also considered details you provided about the proposed
rezoning.
Historic Resources AdvisoU Board Concerns
The parcels proposed to be rezoned from RA (Rural Areas) to RP (Residential Performance) are located
withing the limits of the Third Winchester (Opequon) Battlefield core area, as delineated by the National
Park Service. Therefore, the HRAB has expressed concern for loss of core historic battlefields. Specifically,
the HRAB has concerns about loss of view sheds of the battlefield, the housing density of the proposed
development and its impacts on possible battlefield network connections to Stephenson's Depot. Based
on the above concerns, the HRAB recommends denial of this rezoning request.
Please contact me with any questions concerning these comments from the HRAB.
Sincerely,
Rebecca Ragsdale
Planner I
cc: Bessie Solenberger, Chairperson
U:ICOMM177EESWRAB\Recmnt dations\RedBudRunRZ.wpd
107 North Rent Street . Winchester, Virginia 22601-5000
COUNTY SCHOOL
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REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1. Applicant:
Name: Gilbert W_ Clifford & Associates Inc_ Telephone: 667-2139
Address: c/o C. E. Maddox Jr. P.E. VP
117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601
2. Property Owner (if different than above)
Name: Patrick A. McTiernan
Thomas M_ McTiernan
Address:
3. Contact person if other than above
Telephone: (540) 667-1494
(540) 662-5712
Name: Charles E. Maddox, Jr. P -E. Telephone: 540-667-2139
G.W. Clifford & Associates, Inc.
4. Checklist: Check the following items that have been included with this application.
Location Map x Agency Comments
Plat x Fees
Deed of property x Impact Analysis Statement x
Verification of taxes paid x Proffer Statement x
GEIEL
R11 AY m ' 2002,
S. The Code of Virginia allows us to request full disciosure of ownership in relation
to rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Patrick A. McTiernan
Thomas M. McTiernan
6. A) Current Use of the Property:
B) Proposed Use of the Property:
7. Adjoining Property: See Attached
PARCEL ID NUMBER USE
Vacant Undeveloped & One SF Dwellin
SF Detached
ZONING
S. Location: The property is located at (give exact location based on nearest road and
distance from nearest intersection, using road names and route numbers).
North and Adjacent to US Route 7, east and adjacent to Morgan Mill Road (Rt.
656) located directly between Red Bud Road and US Route 7.
2
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density of intensity scenario
for the proposed Zoning District as described on page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number 55-A-105,106,
107 Bz:I -
Magisterial:
Fire Service.-
Rescue
ervice:Rescue Service:
Stonewall
Greenwood
Greenwood
Districts
High School:
Middle School:
Elementary School:
Millbrook (pew)
James Wood
Red Bud Run
10. Zoning Change: List the acreage included in each new zoning category being
requested.
11. The following information should be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family Home 300 Townhome Multi -Family
Non -Residential Lots Mobile Home Hotel Rooms
Office
Retail
Restaurant
Square Footage of Proposed Uses
Service Station
Manufacturing
Warehouse
Other
12. Signature:
We the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning
map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter
the property for site inspection purposes.
We understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public
hearing and the Board of Supervisors' public hearing and maintained so as to be visible
from the road right-of-way until the hearing.
We hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s) Date G°Z
Owner(s)
Charles E. Maddox, Jr., P.E., — G.W. Clifford & Associates, Inc.
4�U�z a,.'4'- Date r?
Patrick A. McTiernan Date
Thomas M. McTiernan
CENED
MAY @@ ; 2002
REZONING REQUEST PROFFER
Property Identification Number 55-A-1.05,106 & 1.07
Stonewall Magisterial District
RED BUD RUN
Preliminary Matters
Pursuant to Section 15.2-2296 et. Seg., of the code of Virginia, 1950, as amended, and the provisions of
the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant
herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve
Rezoning Application # 05-02 for the rezoning of 15 7. 01 acres from the Rural Area (RA) to Residential
Performance (RP). Development of the subject property shall be done in conformity with the terms and
conditions set forth herein, except to the extent that such terms and conditions may be subsequently
amended or revised by the applicant and such be approved by the Frederick County Board of
Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these
proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon
the applicant and their legal successor or assigns.
Monetary_ Contribution
The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board
of Supervisors for the County of Frederick, Virginia approves the rezoning for the 157.01 acres, with
frontage along VA Route 7 in the Stonewall Magisterial District of Frederick County, Virginia from RA
to RP, the undersigned will pay to Frederick County at the time a building permit is applied for the sum
of $5,454.00 per lot.
This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick
County Parks and Recreation; $707.00 for Frederick County Fire and Rescue; $210.00 for Public
Library; $117.00 for Sheriff's Office and $241.00 for Administration Building.
General Development Plan
Voluntarily proffered is the attached Proffer Plan including the following improvements:
1. On the 157.01 acres to be zoned RP no more than 300 single family dweIling units shall be
constructed. These units shall consist of single family home Iots. No multi -family units shall be
constructed on this property.
2. VA Route 7 and Woods Mill Road shall be improved to VDOT standards. This improvement
shall include work as necessary to: (See 2 on Proffer Plan)
o Modify, alter or reconstruct Route 7 east bound lane, left turn lane and taper to the Route
7/Route 660 crossover. Modify, alter or reconstruct the Route 7 east bound lane, acceleration
lane from Route 7/Route 660 crossover. Install stoplight control on west bound lane.
G Modify, alter or reconstruct the Route 7 west bound lane, right turn lane and taper to Route
660. Construct a right turn lane and taper, Route 7 east bound lane, into the Blue Ridge
Mobile Home Park.
• Modify, alter or reconstruct Woods Mill Road between Route 7 and the project entrance to a
3 -lane section and provide transitions to pavement north of the project entrance. Enter into a
signalization agreement with VDOT regarding the new intersection.
(Revision 6/17/02)
REZONING REQUEST PROFFER
Property Identification Number 55-A-105,106 & 107
Stonewall Magisterial District
Red Bud Run
3. A minor collector roadway shall be constructed in Phase 1 of project to connect Woods Mill
Road with Morgans Mill Road. This will provide a rear access to the Frederick County Public
School's site upon approval by the School and VDOT. (See 3 on Proffer Plan). This entrance
shall be gated until approved for uncontrolled use -by the Board of Supervisors. In the event
improvements for sight distance are required for the minor collector/school intersection on
Morgans Mill Road this work shall be performed by the property owner.
4. All lot and tertiary road system access to be directly on the minor collector roadway. There will
be no new access points on VA Route 7 as the result of this project.
5. A stream preservation parcel of 28.4 acres shall be established along Red Bud Run. This parcel
shall be available for public use. This land shall be in addition to open space requirements of the
Frederick County Zoning Ordinance. Additionally, all project open space shall have applied a
preservation easement to limit future disturbance. (See 5 on Proffer Pian). The 28 acre parcel
shall be held and preserved in ownership by the owner until an appropriate open space plan is
approved by the Board of Supervisors at which time the land and/or rights shall be transferred to
the approved management agency.
6. Gravity sanitary sewer mains shall transfer wastewater to the Ash Hollow Watershed. An FCSA
sewage pumping station shall not be constructed in the Red Bud Run Watershed.
7. Stormwater runoff resulting from improvements constructed within the Red Bud Run and Ash
Hollow Run Watersheds shall receive treatment as required by the Virginia Stonnwater
Management Regulations, First Ed. 1999, Chapter 2, Table 2-3 which results in the highest order
of stormwater control existing under Virginia law.
8. A viewshed protection plan for VA Route 7 shall be prepared in concert with the Shenandoah
Valley Battlefields Foundation. The findings of this plan shall be incorporated into the buffering
plan for Red Bud Run at the time of Master Plan approval. (See 8 on Proffer Plan).
9. A viewshed protection plan shall be prepared in concert with the County Planning staff for
frontages along Morgans Mill and Woods Mill Road as a part of the Master Plan approval
process. Private lot entrances shall not be allowed onto Morgans Mill Road, Woods Mill Road
or VA Route 7. (See 9 on Proffer Plan).
10. A cul-de-sac on Morgans Mill Road shall be constructed by the property owner if directed by the
Board of Supervisors. This work shall include providing lands from the project if necessary for
rights of way. The property owner shall also, if directed by the Board of Supervisors, obscure the
median crossovers at the Morgans Mill Road intersection with VA Route 7. All work shall be in
accord with permits issued by VDOT.
11. Private lot entrances on the minor collector road (3 above) shall be combined such that two lots
shall access the roadway from a common driveway entrance. Corner lots shall access the side
street.
(Revision 6/17/02)
REZONING REQUEST PROFFER
Property identification Number 55-A-10.5, 106 & 107
Stonewall Magisterial District
Red Bud Run
The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and
successors in interest of the Applicant and Owner. In the event the Frederick County Board of
Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the
Iand rezoned in addition to other requirements set forth in the Frederick County Code.
Respectfully submitted,
PROPERTY OWNER
By B
��' ,cam % C
Patrick A. McTie �an yThomas M. McTieman�
Date: (o _ I c)- 0 2 Date:y- I G- 0 Z
STATE OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To-"vit:
Th foregoing foregoing inst7—Mmclts
was ackno ledged before me this 19-11-) day of J
2002, by bktr k 4. / J'!. fi'y� %i �nQrn
My commission expires d' C)ZOC 3
Notary Public
GEEIV D.
(Revision 6/17/02) Jull 2, u 7-002
Rezoning #05-02, Red Bud Run
Reply to Comments by Owner
June 14, 2002
The following information is furnished in reply to staff comments of May 23, 2002 and N DOT
comments of June 10, 2002.
PC Staff Comment
1 } The applicant should consider strengthening the buffer along Berryville Pike in an effort to further
preserve the historic viewshed, lessening the visual impact of the proposed development.
The applicant has secured agreement with Mr. Howard Kittell of the Shenandoah Valley
Battlefields Foundation to jointly conduct a viewshed study from eastbound and westbound VA
Route 7 and incorporate appropriate mitigation by way of buffers as apart of the Master Planning
process. A proffer to this affect has been added as Proffer 8.
2) The applicant should consider the establishment of a buffer and landscape screen along Morgans
Mill and Woods Mill Roads to lessen the visual impact the development may have. Consideration
should also be given to prohibiting private driveway entrances on these two roads.
The open space plan (Figure 17) shows adequate land for the referenced buffer and screens.
Appropriate features for visual mitigation along these roadways will be displayed at the time of
Master Plan approach. Only public road entrances will be allowed onto ff oods Mill and Morgans
Mill Road. A proffer to these affects has been added as Proffer 9.
3) Clarification as to who will own the proffered stream preservation parcel, as well as how this
parcel will be made available for public use.
The property owner will maintain ownership of the 28.4 acre parcel until an open space and
implementation plan is prepared by others and approved by the Board of Supervisors at which
time ownership andlor rights of use shall be transferred to the appropriate and approved
preservation organization. Proffer Slurs been revised to reflect this addition.
4) The applicant should clarify why the Traffic Impact Analysis does not include: analysis concerning
the proposed cross roads on Woods Mill Road; justify why Morgans Mill Road sholdd be cul-de-
sac'd, and analysis on how such would be accomplished; illustrations as to what improvements to
Woods Mill Road would be proposed to accommodate a 100 percent increase in traffic; and the
proposed improvements to Morgans Mill Road to increase sight distance at the proposed collector
road connection.
The current Traffic Impact Analysis and proffer address the cross roads and improvements on
Woods Mill Road. Future actions on Morgans Mill Road are in the power of the Board of
Supervisors and VDOT to decide after public hearings. The engineer's suggestion is that one of
two improvements are possible as a result of proffers by the Red Bud Run project. Either dead
ending Morgans Mill Road by cul-de-sac or closing the Route 7 crossover allowing a right in right
out access only at Route 7 A proffer has been added which will allow either of these
improvements to be performed by the applicant pending action by VDOT and the Board of*
Supervisors. The proffer also indicates the minor collector road will be gated at Morgans Mill
Road if directed by Board of Supervisors and VDOT. Also, adjustments to Morgans Mill Road to
provide adequate sight distance at the intersection of the minor collector have been proffered.
gilbert w. clifford and associates, inc
Page 2
5) The applicant is encouraged to provide for historical interpretation sites and the preservation of
natural and historical viewsheds. Additionally, it may be appropriate to establish increased buffers
along Berryville Pike, the route utilized for troop movement.
The viewshed preservation is assured by one (1) above. It is not a good idea to provide for tourist
stops along westbound Route 7 since it will present public safety issues. Reasonable requests for
interpretive sites will be considered as a part of Master Plan approval.
VDOT Comment
• Enter into a signalization agreement for the intersection of the minor collector roadway and Route
660, Woods Mill Road.
Proffer 2 has been revised accordingly.
VDOT requests consideration of eliminating private entrance access directly from the subdivision to
Rout 656, 660 and the proposed minor collector roadway.
Should the connection to Route 7, from Route 656 be severed or the Route 7 crossover be eliminated
at this location, traffic will be routed onto the new minor collector roadway, increasing the chances
for potential conflict between private access driveways and passing motorists.
Proffer 9 restricts private driveway access to Route 656, Route 660 and Route 7 To accommodate
concerns on the minor collector roadway the property owner offers to require common driveway
entrances for lots entering on the minor collector. This will reduce the number of driveway cuts by
approximately 50116. Corner lots with the minor collector will enter on the side street. (See Proffer
11).
The severing of Rout 656, Morgans Mill Road, and creating a cul-de-sac will direct south bound
Route 656 traffic to the improved Route 660/Route 7 intersection by way of the minor collector may
have merit. However, the closure of this roadway will require a VDOT generated public hearing.
a, The closure of the Route 7 crossover and ramps may also have merit.
These traffic recommendations may deserve consideration. However, consideration roust be given
to who will finance these changes. Will these modifications be financed by the developer? Frederick
County?
o The construction of a commercial entrance to school property may only be allowed with approval by
Frederick County Public Schools and VDOT. This entrance will require obtaining adequate sight
distance along with complete engineering plans approved through the Edinburg Residency Office
and the issuance of appropriate Land Use Permit.
The applicant has agreed to these concerns by provision ofadditional proffers.
REZONING APPLICATION #07-02
DORIS F. CASEY
Staff Report for the Planning Commission
Prepared: June 20, 2002
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 07/01/02 Pending
Board of Supervisors: 08/14/02 Pending
PROPOSAL:
C To rezone 27 acres from RA (Rural Areas) to RP (Residential Performance) District
® To rezone 3.31 acres from RA (Rural Areas) to B2 (Business General) District
LOCATION: This property is located west on Route 522 (Front Royal Pike), approximately 800 ft.
north of the intersection of Route 522 and Route 644 (Paper Mill Road).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBERS: 64-A-23
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Land Use: Agricultural and
Nonconforming Commercial
(Shenandoah Florist)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Zoning District Use: Agricultural
RP (Residential Performance) Zoning District Residential
South: RA (Rural Areas) Zoning District Use: Cemetery
B2 (Business General) Zoning District Funeral Parlor
REZ #07-02, Doris F. Casey
Page 2
June 20, 2002
East: B2 (Business General District) Zoning District
RA (Rural Areas) Zoning District
West: RA (Rural Areas) Zoning District
Use: Commercial
Residential
Use: Agriculture
PROPOSED USE: 63 Single-family detached urban lots on the RP portion, and Business General
in the B2 portion
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application to rezone this property appears to have significant
measurable impact on Routes 522 and 822. Routes 522 and 822 are the VDOT roadways which have
been considered as the access to the properly referenced. VDOT is satisfied that the transportation
proffers offered in the Doris F. Casey property rezoning application dated May 9, 2002 (revised)
addresses transportation concerns associated with this request.
Before development, this office will require a complete set of construction plans detailing entrance
designs, drainage features, and traffic flow data from the ITE Trip Generation Manual Sixth Edition, for
review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way
dedications, traffic signalization, and off-site roadway improvements and drainage. Any work performed
on the State's right-of-way must be covered under a land use permit. This permit is issued by this office
and requires an inspection fee and surety bond coverage.
Fire Marshal: Recommendation: Residential sprinkler system. Additional comment: Extension of
municipal water for fire fighting. Plan approval recommended.
Millwood Station Volunteer Fire & Rescue: In addition to normal hydrant spacing, we request that
a hydrant be placed on Paper Mill Road at the entrance to the development. Normal proffer model for
fire/rescue/residential.
Frederick County Department of Inspections: No comment required at this time; shall comment at
the time of site plan or subdivision plan:
County Engineer: We have no comments at this time. We reserve the right to perform a detailed
review at the time of the submission of the site plan and subdivision plans.
Historic Resources Advisory Board: Upon review of the Casey property rezoning, it appears that the
proposal does not significantly impact historic properties. No comments on this rezoning request.
Sanitation Authority: Water and sewer are available to this site. There is adequate capacity.
REZ #07-02, Doris F. Casey
Page 3
June 20, 2002
Frederick County Public Schools: Based on the information provided, it is anticipated that the 63 new
residences will yield 32 new students to be served by Frederick County Public Schools. Residential
growth in this portion of Frederick County has resulted in the schools serving this area having student
enrollment near or exceeding their design capacity. The cumulative impact of this project, and others of
a similar nature, will necessitate the future construction ofnew school facilities to accommodate increased
student enrollment. The impact of this rezoning on current and future school needs should be considered
during the application process.
Frederick County department of Parks and Recreation: The $10,000 lump sum proffer proposed
for Parks and Recreation is less than adequate to meet 50% of the impact the county has projected this
development will have on parks and recreation.
County Attorney: Who will pay for access to Route 522 for the RP property? The rest appears to be
in proper form.
Planning & Zoning_
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester, VA Quadrangle) depicts the
zoning of the subject parcel as R-1 (Residential Limited) District. The R-1 (Residential Limited)
District zoning classification was modified to RP (Residential Performance) on September 28,
1983, when the R-1, R-2, R-3, and R-6 Zoning Districts were merged into the RP (Residential
Performance) Zoning District.
2) Location
The proposed site is located west of Route 522 (Front Royal Pike), approximately 800 ft. north
of the intersection of Route 522 and Route 644 (Paper Mill Road).
3) Comprehensive Policy Plan
The subject property is included in the Southern Frederick Land Use Plan, a study within the
County's 2000 Comprehensive Policy Plan. The Plan does not specifically identify the future land
use for this site. The subject property is located within the Urban Development Area (UDA) and
the Sewer and Water Service Area (SWSA). The subject site also has road frontage on Routes
522 and 644. Route 522 is classified as a minor arterial and Route 644 is major collector road
according to the VDOT functional classifications.
4) Site Suitability
Environmental Features
REZ 407-02, Doris F. Casey
Page 4
June 20, 2002
The entire site is located as "Zone C" area outside the 100 -year flood plain. The site does not
contain areas of steep slopes or woodlands as defined by the Frederick County Zoning Ordinance.
The soil types located on maps 63 and 64 show that 77.5% of the site is 9B,Clearbrook Channery
silt loam, typically having a high water table and depth to bedrock, limiting this soil for
community development; 22% of the site is 3B, Blairton Silt loam, identified soils as prime
farmland, well-suited to cultivated crops, hay and pasture, and tree productivity. Seasonal high
water table and depth to bedrock and potential frost action are the main limitations to use of soil
for community development; and .5% of the site is 41D, Weikert-Berbs Channery silt loam,
poorly suited to hay and pasture.
There are approximately .35 acres of wetlands present on the site. Any disturbance of this area
will be in conformance with Army Corps of Engineers and Department of Environmental Quality
permitting procedures.
Access
The site has a manmade boundary created by Route 522 (Front Royal Pike) on the eastern edge
of the tract and Route 644 (Paper Mill Rd) on the western edge of the tract. One entrance is
proposed on Route 522 to provide access to the commercial property and for the residential
property. A connection to Westwood Drive is proposed to occur form the residential property
through the Swisher parcel. Access to Route 644 (Paper Mill Road) is not proposed due to
traffic flow concerns identified by VDOT.
5) Potential Impacts & Issues
a.) Transportation
Impact Analysis Statement
For the 3.31 -acre section of the property proposed for rezoning from RA to B2, one point of
access will be utilized on US Route 522. The proposed change in zoning will allow the
opportunity for the existing business (Shenandoah Florist) as a by -right use.
Analysis of the mixed commercial and residential land use indicates a worst-case scenario impact
to Route 522 as follows:
Existing Traffic on Route 522 = 10,000 VPD
(Based on the 2000 VDOT Average Daily Traffic Volumes Manual)
Projected Traffic Increase = 2, 602 VPD
Percentage of increase to the traffic pattern of Route 522 = 26.02%
REZ #07-02, Doris F. Casey
Page 5
June 20, 2002
Route 522 is a five -lane major arterial road with two travel lanes in each direction and a center
turn lane to facilitate left turn movements. The increase in traffic volume from this rezoning
proposal can be accommodated by this road facility.
Review Agency Comment
VDOT concurs with the transportation analysis offered in the rezoning application.
Staff Comment
The primary access for the 63 single-family lots will be provided through the extension of a state
road constructed from Route 522 through the B2 parcel. This proposed state road will not have
a connection with Papermill Road.
The applicant has indicated that a road connection to Westwood Drive (Route 822) on the
Swisher property, P.I.N. 64-A-20 will be provided to the subject property. The 13.5 -acre
Swisher property is not a part of this rezoning application, and it is zoned RA. There is no
written documentation provided by the applicant that the Swishers are amenable to providing
access to Westwood Drive. If access is acquired, pavement widening on the existing portion of
Westwood Drive to Route 522 will be paid for and installed by the applicant in the dimensional
widths as directed by VDOT, when the connection to Westwood Drive through the Swisher
property occurs.
The applicant has provided a number of transportation related proffered conditions. These
conditions are reviewed in the Section 6 of this report.
b.) Water & Sewer
Impact Analysis Statement
There will be public water and sewer serving the site. An existing eight -inch sewer main is
currently in place on the west side of Route 522. The proposed sanitary sewer system will run
along the north boundary of the property in a west -to -east flow pattern, towards the existing
main. It will then be connected to the main in accordance with the Frederick County Sanitation
Authority regulations.
An eight -inch water main is currently in place on the west side of Route 522 and is available to
service the site.
The impact of rezoning the 27 -acre parcel from RA to RP on sewage conveyance is based on a
development schedule of 63 dwellings. At an estimated 275 gpd, the build -out impact on sewage
conveyance would be 17,325 gpd. The impact of rezoning the 3.31 -acre parcel from RA to B2
on sewage conveyance is based on the square footage of the existing business being 40,000
REZ 907-02, Doris F. Casey
Page 6
June 20, 2002
square feet. At 200 gpd per 1,000 square feet, the impact on the system would be 8,000 gpd
Review Agency Comments
The applicant's discussions with the Frederick County Sanitation Authority indicate adequate
capacities in the water and sewer transmission lines, adequate capacity at the water and sewer
treatment facilities, and adequate water supply resources to serve the proposed project. The
FCSA comment dated March 19, 2002, states that water and sewer are available to the site and
that there is adequate capacity.
c.) Solid Waste Disposal
Impact Analysis Statement
The impact on solid waste disposal facilities is based on an average annual per household
consumption of landfill volume figure of 5.4 cubic yards. Based on the proffered density of 63
dwellings at 5.4 Cu. Yd. per dwelling the daily volume = 340.2 Cu. Yd. The applicant states the
proposed B2 business parcel will have a minimal impact on landfill use. Within the proffer
statement, a recycling proffer has been written to ensure good stewardship of landfill resources.
Staff Comments
The applicant has proffered recycling programs to be implemented on the B2 (General Business)
parcel to ensure appropriate waste reduction, disposal and recycling of any waste or byproduct
material. This program will be reviewed and approved by the Frederick County Recycling
Coordinator prior to final occupancy permit. Staff feels the applicant has adequately addressed
the impact of solid waste.
e.) Impact on Community Facilities
The County's Capital Facilities Fiscal Impact Model projects a negative impact to fire and rescue
services of $64,713, an impact to the public schools of $387,140, and an impact to parks and
recreation of $68,326. The B2 (Business General) portion of the proposed rezoning adds
potential credits and that results in a $0 net capital facilities impact to Frederick County.
6) Proffer Statement
The applicant has submitted a proffered condition statement, signed by the property owners, that
provides the following:
Limit the total build -out for the B2 acreage to 40,000 SF total
REZ #07-02, Doris F. Casey
Page 7
June 20, 2002
Limit the total lots for the RP acreage to 63 single family lots
Prohibit the following uses:
Electric, Gas and Other Utility Facilities SIC 49
Automotive Dealers and Gasoline Service Stations SIC 55
Car Washes SIC 7542
Golf Driving Ranges and Miniature Golf Courses SIC 7999
Commercial Batting Cages operated outdoors
Adult Retail Uses
• Restrict the 63 single-family dwellings to SF Detached Urban, 12,000 SF lots, and prohibit all
other housing types allowed in Section 165-65.
The applicant proffers to install a right turn lane at the entrance of the B2 parcel if warranted by
VDOT.
• The applicant proffers to dedicate right-of-way to the Commonwealth of Virginia adjacent to the
property on US Rt. 522 and Rt. 644 as determined by VDOT.
A connection to Westwood Drive (Route 822) onto the Swisher property (P.LN. 64-A-20 and
21A) will be provided to the subject property. Pavement widening on the existing portion of
Westwood Drive to Route 522 will be installed by the applicant in the dimensional widths as
directed by VDOT. These improvements will be installed when the connection to Westwood
Drive through the Swisher property occurs.
Recycling programs will be implemented on the B2 General Business parcel. This will be
reviewed and approved by the Frederick County Recycling Coordinator prior to final occupancy
permit.
The applicant has offered for all signs between 522 and the parking lot areas to be monument
signs with a maximum height of 10 feet. No freestanding business signs will be permitted on the
B2 District parcel. The applicant has also offered to increase the parking lot setback to 20 feet
from the Route 522 right of way, rather than the required five-foot setback from the property line.
The applicant has offered the following monetary contributions to offset the impact of
development:
a. $10,000 to offset the impact to Frederick County Fire and Rescue
b. $10,000 to Frederick County Parks and Recreation
c. $20,000 for Frederick County Public Schools
This payment is intended to offset additional costs to Frederick County due to the increased
demand on public services and will be paid at the time of issuance of the first building permit for
REZ #07-02, Doris F. Casey
Page 8
June 20, 2002
development within the B2 District.
STAFF CONCLUSIONS FOR 06/19/02 PLANNING COMMISSION MEETING:
The subject site is within the Urban Development Area and the Sewer and Water Service Area. The
Frederick County Comprehensive Policy Plan identifies this property as part of the Southern Frederick
Land Use Plan. Mixed use development is encouraged in this area to provide for balance of industrial,
commercial, residential and agricultural areas. The applicant has made an effort to make sure that what
does take place along the 522 corridor at this location reflects favorably on the area.
A buffer will be required between the proposed B2 parcel and the existing residential property to the
north of subject parcel. A road efficiency buffer will be required along the major collector road,
(Papermill Road) Route 644. The County -adopted Bicycle Plan for the City of Winchester and Frederick
County includes Papermill Road (Route 644) and Front Royal Pike (Route 522) as designated bike
routes.
No buffer is required between the RA use of the cemetery and the proposed RP (Residential
Performance) property. Staff feels that although the Shenandoah Memorial Cemetery is zoned as an RA
property, it is a commercial use with commercial structures including an office, and a maintenance
building along the north of the cemetery property directly adjacent to the southern boundary of the Doris
Casey property. In December of 1997, site plan # 44-97 by Greenway Engineering, was approved for
a business office within the Shenandoah Memorial Cemetery. Staff feels that a buffer between the
business uses of the cemetery and the proposed residential uses would be appropriate.
Staff notes that the applicant does offer mitigation efforts to offset some of the anticipated impact on the
County's fire and rescue services, and has considered the impact on the schools and Parks and Recreation
department.
Staff believes this application could be further improved by
Buffering against the cemetery property to lessen impact of the existing business uses such as the
office building and maintenance'area of the cemetery. These uses are adjacent to the southern
boundary of the subject parcel proposed for home sites.
2. Consider capital facilities fiscal impact model results if the RP is built before the B2
3. Clarify the phasing of the project, specifically, when the proposed road connection to Route 522
will be built, and paid for by whom
4. Clarify that access to Westwood is a secondary access, and is not to be used as a sole nor primary
access. Staff would suggest that proposed connection throughout the B2 be constructed first to
REZ #07-02, Doris F. Casey
Page 9
June 20, 2002
access the RP portion of the property.
The applicant should be prepared to address any concerns raised in this report, as well as the concerns
raised by the Planning Commission and the Board of Supervisors.
0:\Agendas\COMMENTS\REZONING\Staff Repon\2002\Doris Casey.wpd
OUTP uT IAO.
Revanue-
Net Capital
Net Cost Per
W111141►atwl
Casdadki" FarifillasImpasd
APPLICANT: PIN 84-A-23
ilsr&U10411kd
Net Fiscal Impact
SO
364,113
51,027
LAND USE TYPE Rasidential / Co
Costs of
1n1VWACrEdiL
56,14✓
INPI f M-0.11 )1LE t iddit&lajxaAw
REAL FST VAL $10,862,835
Required
(eu"ed in
Cur. Budget
Cur. Budget Cato.
Future CIP/
FIRE & RESCUE B
glial F4 Imet5
col sum only)
QpLf GaREblu(Il
ufMituf aQtA;i,
la=% lth
Fire and Rescue Department
$64,713
$241
$60.709
$801709
$0
Etementary Schools
$2517,032
$332,075
$400,480
$7,785
38119,965
Mlddle Schools
$136,223
$31.755
$183,340
101
-
High Schools
$200,579
Parks and Recraallon
$91,807
$23.482
Public Library
$16,812
$5,051
Sherifrs offices
$11,849
$4,956
90
$2,183
Adadfilstrallon 13diding
$15,206
$0
Other Miscellaneous Facilities
$19,333
$67,188
$19,520
SUBTOTAL
$8.2.2,555
$Ia ugu
.1197.460
530,716
LESS: NET FISCAL IMPACT
W9,965
NET CAP. FACILITIES IMPACT
T6lai Potential Adjustment Fax
Tax Credits
Revanue-
Net Capital
Net Cost Per
W111141►atwl
Casdadki" FarifillasImpasd
ilsr&U10411kd
50
SO
364,113
51,027
$215,695
$215,695
$387,140
56,14✓
$,23,482
$24,482
368.325
51,086
$5.051
$5,051
$11,761
$187
$7,139
$7,139
44,710
$75
$0
$0
$15,296
$241
$60.709
$801709
$0
to
$332,(Ytb
$332,075
$400,480
$7,785
38119,965
5999,965
14199 R@,
101
-
12i
INDEX -'1A' If Cap. Equip Inchxled: 1.0
INDEX: '1.0' if RV,. -Cast Bal, 'Writ Ratio to Co Avil: 0.0 Rev -Cost Bal = 1.000
PLANN1140 DEPT PREFERENCES 1.0 1.0 Hato to Cc Av0 = 1.433
MEI"HODOLOGY 1. Capital facilities requirements are Input to (1w fust c alumn as calculated In the nw fel.
2. Nut Fiscal Impact NPV from operations calcufatkins u input in uwi total of s000nd ouluam
(zero it negative), incfuded'are Ute one-time tuxeyitees fur cna year only at full value.
3. NPV of future opar cap equip Vtws pakl In thhd oofumn as rarcur ated in fiscal Impacts.
4. NPV of future capital expenditure taxer paid fu touith cc1 as ca"latad In fiscal Impacts.
5. NPV of future taxes paid to bring current county up In slarxiard for new fadlitles, as
cwoulaled for aact► new facility.
6. Columns flute Urrouyh five are added as poNoditiai cnadils against the cakoulaied capl"
f"Iid" requirements. These are adivated for pereeni of costs covered by Ove revenuee
6om the project (actual, of as ratia to avg. for all residential duvetropnumt).
NOTE Proffer calculatians do not Include Include interest because (hey are cash payments up front. Credits do tndude interest if Ole projects are debt ffnanavd.
NOTES: Model Run Date 56V2 ERI.
P.1.11 64,A-23 Rezoning: Assumes 63 direflfogs on 27 acres zoned RP; 40,000 5gawa feet retail on 9.91 acres zaead B2
Due to changing candstons associated w1di dave'opment in Ota County, the results of this
Output Module rrray riot be valid beyond a period of 90 days frorn the morcel run date.
Cw
64 A 24
HALDFMAN
RA
RP
RA
ti
Westwood Dr
R� RI
RP RR
RP
kA
—M—AH ';MIRIAL PARI. III
RA
RP
07 - 0402.
Location Map For:
n r% r; c-- r n
N-V%Om 9%;W I . %Oasey
PIN: j
64-A=233 !=j
I
CSC
0 90 180 Feet
lomm6mlli
Greenway Engineering March 18, 2002 Doris F. Casey Property
Revised May 1, 2002 Rezoning
Revised May 9, 2002
DORIS F. CASEY PROPERTY
REZONING
Tax Parcels #64 -((AA)) -23
Shawnee Magisterial District
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application
for the rezoning of 30.3lacres from the Rural Agricultural (RA) zoning district to 3.31
acres Business General (B2) and 27 acres Residential Performance (RP).
Development of the subject property shall be done in conformity with the terms and
conditions set forth herein, except to the extent that such terms and conditions may be
subsequently amended or revised by the applicant and such be approved by the Frederick
County Board of Supervisors in accordance with the said Code and Zoning Ordinance.
In the event that such rezoning is not granted, then these proffers shall be deemed
withdrawn and have no effect whatsoever. These proffers shall be binding upon this
applicant and their legal successors, heirs, or assigns.
The subject property, more particularly described as the lands owned by Doris F. Casey
being all of Tax Map Parcel 64-((A))-23 and fiuther described by zoning plat prepared by
Darren S. Foltz, L.S., dated March 18, 2002 (see attached Zoning Plat).
A.) Maximum Build -out
The applicant hereby proffers to limit the total build -out as follows:
40,000 SF total for the B2 acreage
63 single-family lots for the RP acreage
B.) Prohibited Uses
The following uses shall not be permitted on the proposed B2 Business General
District parcel:
Description Sic
Electric, Gas and Other Utility Facilities 49
Automotive Dealers and Gasoline Service Stations 55
Car Washes 7542
Golf Driving Ranges and Miniature Golf Courses 7999
File #3230/MDS/dls
Greenway Engineering March 18, 2002 Doris F. Casey Property
Revised May 1, 2002 Rezoning
Revised May 9, 2002
Commercial Batting Cages operated outdoors -----
Adult Retail Uses -----
The location of all parking lots associated with development on the B2 District parcel
will be setback a minimum of 20 feet from Route 522.
All business signs located between Route 522 and the parking lot areas will be monument
signs with a maximum height of 10 feet. Free business signs will not be permitted on the
B2 District parcel.
C.) Residential Use Restriction
The applicant hereby proffers the 63 single-family dwellings shall be developed as
Single -Family Detached Urban 12,000 SF lots. All other housing types allowed in
Section 165-65 are hereby prohibited.
D.) Transportation
1.) Access to Route 522
The primary access for the 63 single-family lots of this rezoning will be provided
through the extension of a state road constructed from Route 522 through the B2
parcel. This state road will not have a connection with Route 644 (Papermill Road).
2.) Turn lane — US Route 522
The applicant hereby proffers to install a right -turn lane at the entrance of the B2
parcel, if warranted by VDOT
3.) Right-of-way Dedication
The applicant hereby proffers to dedicate right-of-way to the Commonwealth of
Virginia adjacent to the property on US Route 522 and State Route 644 as determined
by VDOT
4.) Westwood Drive
A connection to Westwood Drive (Route 822) onto the Swisher property (tax map 64-
((A))-20 and 21) will be provided to the subject property.
Pavement widening on the existing portion of Westwood Drive to Route 522 will be
paid for and installed by the applicant in the dimensional widths as directed by
File #3230/MDS/dls 2
Greenway Engineering March 18, 2002 Doris F. Casey Property
Revised May 1, 2002 Rezoning
Revised May 9, 2002
VDOT. These improvements will be installed when the connection to Westwood
Drive through the Swisher property occurs.
E.) Recycling Proffer
Recycling programs will be implemented on the B2 General Business parcel to
ensure appropriate waste reduction, disposal, and recycling of any waste or
byproduct material. This program will be reviewed and approved by the Frederick
County Recycling Coordinator prior to final occupancy permit.
F.) Monetary Contribution to Offset Impact of Development
The undersigned owners of the above-described property hereby voluntarily proffer
that in the event rezoning application # r'--0,;? is approved, and the property is
subsequently developed within a B2 zone, the undersigned will pay to the Treasurer of
Frederick County, Virginia the following amount:
$ 20,000 for Frederick County Public Schools
$ 10,000 for Frederick County Parks and Recreation
$ 10,000 for Frederick County Fire and Rescue
This payment is intended to offset the additional cost to Frederick County due to an
increased demand on public services and will be paid at the time of the issuance of the
first building permit for development within the B2 District.
File #3230/MDS/dls
Greenway Engineering March 18, 2002 Doris F. Casey Property
Revised May 1, 2002 Rezoning
Revised May 9, 2002
G.) Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner. In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code.
Respectfully Submitted:
By: '', 5 0Z
Doris F. Casey Date
Commonwealth of Virginia,
City/Co' unty bf fi r2C�L� 4/l L To Wit:
The foregoing instrument was acknowledged before me this CAday of
200 by CQ5f,-/
My Commission Expires re-(9YLr—aj Zq Z004—
�j '
Notary
File #3230/MDS/dls 4
IMPACTSTATEMENT
DORIS F. CASEY
ZONEN
Shawnee District
Frederick County, Virginia
TM 64-((A))-23
30.31Acres
March 18, 2002
Current Owner: Doris F. Casey
Contact Person: Martz D. Smith, P.E., L.S.
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
File #3230/NIDS/dls
Greenway Engineering March 18, 2002
Revised May 8, 2002
DORIS F. CASEY REZONING
INTRODUCTION
Doris F. Casey
Rezoning
This report has been prepared for the purpose of assessing the impact on Fredrick County
by the proffered rezoning of a 30.31 -acre parcel owned by Doris F. Casey. The subject
site is located on the west side of US Route 522 (Front Royal Pike), and approximately
800 feet north of the intersection of US Route 522 and Route 644 (Paper Mill Road). The
current zoning is RA (Rural Areas) District. Doris F. Casey proposes to rezone 30.31
acres from RA to 3.31 acres B2 (Business General) and 27 acres RP (Residential
Performance) District. See attached Proposed and Existing Zoning Maps.
Basic information
Location:
West of US Route 522 and north of the intersection
of US Route 522 & Route 644
Magisterial District:
Shawnee
Property ID Numbers:
64-((A))-23
Current Zoning:
RA
Current Use:
Agricultural and Shenandoah Florist
Proposed Use:
Retail/Office and Single Family Residential
Proposed Zoning:
B2 & RP
Total rezoning area:
3 0.3 1 acre
Proposed build -out
40,000 SF for the B2 parcel
63 single-family lots for the RP parcel
COMPREHENSIVE PIAN
The proposed site is being developed in conformance with the Comprehensive Plan,
Southern Frederick Land Use Plan (SFLUP) adopted in 1999. Within the limits of the
study, the property is located along a. developing corridor (Route 522) which proposes
mixed commercial and residential land use, planned unit development and industrial land
use.
1. Urban Development Area
Expansion of the Urban Development Area (UDA) beyond its existing boundary is not
required by this application.
2. Sewer and Water Service Area
Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is
not required by this application.
File #3230/MDS/d1s 2
Greenway Engineering March 18, 2002
Revised May 8, 2002
A. SUITABILITY OF TIFF SITE
Access
Doris F. Casey
Rezoning
The subject site, tax parcel 64-((A))-23, is located on a manmade boundary created by
Route 522 (Front Royal Pike) on the eastern edge of the tract and Route 644 (Paper Mill
Road) on the western edge of the tract.
One entrance is proposed on Route 522 to provide access to the commercial property and
for the residential property. A connection to Westwood Drive is proposed to occur from
the residential property through the Swisher parcel. Access to Route 644 is not proposed
due to traffic flow concerns identified by the Virginia Department of Transportation.
Flood Plains
The subject site is located on the FEMA NFIP map 9510063-0200 -B. All of the site is
located as "Zone C", area outside the 100 -year flood plain.
Wetlands
There are 0.35 -acres of wetlands on this site. Any disturbance of this area will be in
conformance with Army Corps of Engineers and Department of Environmental Quality
permitting procedures. See attached Existing Wetlands Exhibit.
Soil Types
The soil types contained in this tract have been obtained from the Frederick County GIS
Soils Maps and are located on maps 63 and 64 (see attached Existing Soils Exhibit). This
parcel contains the following three soil types:
9B -Clearbrook Channery silt loam — 2-7% slope, covers 77.5% of site
3B-Blairton Silt loam — 2-7% slope, covers 22% of site
41D-Weikert-Berbs Channery silt loam — 15-25% slope, covers 0.5% of site
Table 5 on page 123 of The Soil Survey of Frederick County, Virginia, identifies the
Blairton Silt loam soils as prime farmland. The remaining soil types on site are not
identified within this table.
Other Environmental Features
The site does not contain areas of steep slope or woodlands as defined by the Frederick
County Zoning Ordinance.
File #3230MDS/dls
3
Greenway Engineering March 18, 2002
Revised May 8, 2002
Doris F. Casey
Rezoning
B. SURROUNDING PROPERTIES
Adjoining property zoning and present use (see existing zoning map):
North: Zoned RP (Residential Performance) District and RA (Rural Area) District
South: Zoned RA (Rural Area) District and B2 (Business General) District
East: Zoned RA (Rural Area) District, B2 (Business General) District, and RP
(Residential Performance) District
West: Zoned RA (Rural Area) District
All adjoining properties to the north and east of the site are utilized for residential and
business use. The Shenandoah Memorial Park is located to the south of the site which
contains a commercial cemetery. The adjoining property to the west is used for
agricultural purposes.
C. TRAFFIC IMPACT
1. For the proposed 3.31 -acre section of the property that will be rezoned from RA to
B2, one point of access will be utilized on US Route 522. According to the VDOT
Functional Classification located in the Frederick County Comprehensive Policy
Plan, Route 522 is classified as a major arterial road. The proposed change in zoning
will allow the opportunity for the existing business to change its form of operation to
an accepted B2 Zoning classification style of business. The 2000 Virginia
Department of Transportation Average Daily Traffic Volumes Manuel identifies
10,000 vehicles trips per day (VPD) on Route 522, -along a 2.43 -mile section between
Route 644 and Route 50/17. The rezoning proposal proffers a maximum of 40,000
square feet of commercial/office for the 3.31 -acre portion of the property. The
commercial/office uses are not known at this time; therefore, a worst-case traffic
generation scenario for a shopping center with Saturday traffic volumes has been
utilized to determine traffic impacts as follows:
Square Footage of Business = 40,000 sq. ft.
Route 522 Traffic = 10,000 VPD
Average Vehicle Trips = 49.97 VPD'
Projected Traffic = 1,999 VPD
'This figure is in accordance to the I.T.E., Trip Generation Manual, 6`h Edition, and is
projected for a shopping center, as per 1000 Sq. Feet Gross Floor Area, on a Saturday
(page 1340 in the manual).
File 93230/MDS/dls 4
Greenway Engineering March 18, 2002
Revised May 8, 2002
Doris F. Casey
Rezoning
2. For the proposed 27 -acre section of the ,property that will be rezoned from RA to
RP, the access will be on Route 522. According to the VDOT Functional
Classification located in the Frederick County Comprehensive Policy Plan, Route 522
is classified as a major arterial road. The I.T.E. Trip Generation Manual, 6h Edition
on page 263 states an average of 9.57 VPD per single-family dwelling. The proposed
change in zoning would allow for the 63 single-family detached houses, which would
create an increase in the traffic pattern along Route522. The proceeding numbers
signify the amount of volume increase that will be generated by such an increase in
dwelling units.
1Vumber of Dwelling Units = 63 Houses
Route 522 Traffic = 10,000 VPD
Average Vehicle Trips = 9.57 VPD
Projected Traffic Increase = 603 VPD
Analysis of the mixed commercial and residential land use indicates a worst-case
scenario impact to Route 522 as follows:
Projected Traffic Increase = 2,602 VPD
Percentage of increase to the traffic pattern of Route 522 = 26.02%
Route 522 is a five -lane major arterial road with two travel lanes in each direction and a
center turn lane to facilitate left turn movements. The increase in traffic volume from this
rezoning proposal can be accommodated by this road facility.
D. SEWAGE CONVEYANCE AND WATER SUPPLY
The subject site is located in the southeastern portion of the Sewer and Water Service
Area. An 8" sewer main is currently in place on the west side of Route 522. The new
system will run along the northern boundary of the property in a west to east flow
pattern, towards the existing main. It will then be connected to the main in accordance
with F.C.S.A regulations.
An 8" water main is currently in place on the west side of Route 522 to service the
site.
File 93230/1vIDS/dls 5
Greenway Engineering March 18, 2002 Doris F. Casey
Revised May 8, 2002 Rezoning
1. The impact of this proposed rezoning, of the 27 -acre parcel from RA to RP, on
sewage conveyance is based on a development schedule of 63 dwellings. F.C.S.A
design fi1-1
gures show an estimated 275 GPD per single-family unit. The figures
below represent the impact these dwellings would have to the sewage conveyance
system at full build -out.
Q = 275 GPD per dwelling
Q = 275 GPD x 63 dwellings
Q = 17,325 GPD
These numbers are based upon the F.C.S.A.'s Water and Sewer Standards and
Specifications on page 6.
2. The impact of this proposed rezoning, of the 3.3 )1 parcel from RA to B-2,
on sewage conveyance is based on the square footage of the existing business
being 40.000 SF. Design figures show an estimated 200 GPD per 1,000 square
feet of ultimate floor space (these numbers are in reference to the Land
Development Handbook). The figures below represent the impact that the current
business has on the sewage conveyance system, and also represents the amount of
sewage conveyance that occurs in the area of the site. The numbers clearly
represent that any increase in the size to the existing business would have a minor
impact on the sewage conveyance system.
Q = 200 GPD per 1,000 Sq. Ft.
Q = 200 GPD x 40 (1,000 sq. ft.)
Q = 8000 GPD
The Frederick County Sanitation Authority (F.C.S.A.) comment dated March 19,
2002 states that water and sewer are available to the site and that there is adequate
capacity. Discussions with the F.C.S.A. indicate that the terminology of adequate
capacities includes adequate capacity in the water and sewer transmission lines,
adequate capacity at the water and sewer treatment facilities and adequate water
supply resources to serve the proposed project.
F. DRAINAGE
The 30 -acre site has a topographic high spot approximately half way between US
Route 522 and Route 644 with approximately 20 acres of the site draining towards
Route 522 and approximately 10 acres draining towards Route 644. Two onsite storm
water management ponds are proposed to control the increased run-off. In both
drainage sheds it is anticipated that the post -development time of concentration shall
be 5 minutes.
File #3230/MDS/dls 6
Greenway Engineering March 18, 2002 Doris F. Casey
Revised May 8, 2002 Rezoning
G. SOLID WASTE DISPOSAL
The impact on solid waste disposal facilities can be projected from an average annual
per household consumption of landfill volume figure of 5.4 cubic yards (This number
can be found in the Civil Engineering Reference Manual, 4`h edition). The following
figures show the increase in daily volume are based on the proffered density of 63
dwellings.
DV = 5.4 Cu. Yd. per dwelling
DV = 5.4 Cu. Yd. Y 63 dwellings
DV = 340.2 Cu. Yd.
The proposed business parcel will have a minimal impact landfill use. Within the
proffer statement a recycling proffer has been written to ensure good stewardship of
landfill resources.
H.111STORICAL SITES A`dD STRUCTURES
1. Virginia Division of Historic Landmarks
Two historic landmarks were inventoried by the Virginia Division of Historic
Landmarks (see attached exhibits):
a.) Duncan Farmhouse, file #34-432.
b.) Evandale School, file 434-433.
2. Winchester Regional Preservation Office Department of Historic Resources
There were no archeological artifacts found on the site.
A request for Historic Resources Advisory Board comments was submitted to the
Frederick County Planning Department. A response letter dated February 6, 2002,
states that the Doris F. Casey property does not significantly impact any historic
properties.
File .4323a/NIDS/dls 7
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the
Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent
Street, Winchester.
1.
2.
0
Applicant:
Name: Greenway Engineering Telephone: (540)-662-4185
Address: 151 Windy Hill Lane Winchester VA 22602
Property Owner (if different from above)
Name: Doris F. Casey
Telephone: Not Available
Address: 404 Imperial St., Winchester VA 22601
Contact person if other than above
Name: Mark Smith
Telephone: (540)-662-4185
4. Checklist: Check the following items that have been included with this
application.
Location map x Agency Comments
Plat x Fees 0
Deed to Property x Impact Analysis Statement x
Verification of taxes paid x Proffer Statement x
5. The Code of Virginia allows us to request full disclosure of ownership in
.relation to rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Doris F. Casey
6. A) Current Use of the Property:
B) Proposed Use of the Property:
7. Adjoining Property:
Agriculture RA
Residential RP
Business General B2
PARCEL IB I+TUMBER
USE
ZONING
64D -((A))-30
Single Family
Residential
RP
64D -((A))-27
Single Family
Residential
RP
64D -((A))-28
Single Family
Residential
RP
64D -((2))-A-1
Single Family
Residential
RP
64D-((2))-2
Single Family
Residential
RP
64D -((2))-A-3
Single Family
Residential
RP
64D -((2))-A-4
Single Family
Residential
RP
64D -((2))-A-5
Single Family
Residential
RP
64D -((2))-A-6
Single FapjRy
Residential
RP
63-((A))-146
Single Family
Residential
RP
64D- 1
-B-A
Single Family
Residential
RP
64-((A))-20&21
Single Family
Residential
RP
64-((3))-A
Commercial
Cemetery
B2
64-((3))-A-1
Single Family
Residential
RP
64-((2))-D2
Restaurant
B2
64D- 4
-1
Single Faqk
Residential
RA
64D-((4))-2
Single Family
Residential
RA
64D-((4))-3
Single Family
Residential
RA
64D-((4))-4
Single Family
Residential
RA
64D- 4
-5
Single Famil
Residential
RA
64-((A))-24
Agricultural/Undeveloped
RA
8. Location: The property is located at (give exact location based on nearest road
and distance from nearest intersection; using road names and route number):
West on Route 522 (Front Royal Pike) approximately 800 ft north of the intersection of
Route 522 and Route 644 (Paper Mill Road).
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities irripact model, it is necessary for
the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity scenario
for the proposed Zoning District as described on Page 9 of the application package.
8. Parcel Identification/Location: Parcel Identification Number 64-((A))-23
Magisterial:
Fire Service:
Rescue Service:
10.
11.
Shawnee
Millwood Station
Millwood Station
Districts
High School:
Middle School:
Elementary School:
Sherando
James Wood
Armel
Zoning Change: List the acreage included in each new zoning category
being requested.
Acres Current Zoning Zoning Requested
27 RA RP
3.31 RA B2
30.31 Total Acreage to be rezoned
The following information should be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family homes: 63 Townhome: Multi -Family
Non -Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
Other 40.000 sf combined
retail/office
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance and to change
the zoning map of Frederick County, Virginia. I (we) authorize Frederick County
officials to enter the property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be
placed at the front property line at least seven days prior to the Planning Commission
public hearing and the Board of Supervisors' public hearing and maintained so as to
be visible from the road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the bet of my (our) knowledge.
�..
Applicant(s� . ! Date:
Date:
o
Owner (s):f o 1�..��� Date: 5 Q�GA— I
Date:
Adjoining Property Owners
N,WE
TAX MAP #
ADDRESS
Ann S. Cross
64D -((A))-30
1170 Front Royal Pike, Winc. 22602
Louise C. Etals Madigan
64D -((A))-28+27
1154 Front Royal Pike, Winc. 22602
Robert M. & Patsy O.
64D -((2))-A-1
141 Westwwod Dr., Winc. 22602
Largent
Jeffrey B. & Brenda
64D-((2))-2
155 Westwood Dr., Winc. 22602
Dodd
Raymond H. & E. Jean
64D -((2))-A-3
366 Singhass Rd., Winc. 22602
Mayhew
Barbara L. Midkiff
64D -((2))-A-4
179 Westwood Dr., Winc. 22602
G,
Paul D. & Willene C.
64D -((2))-A-5
224 Quail Run Lane, Winc. 22602
Brooks
Jonny H. Anderson
64D -((2))-A-6
197 Westwood Dr., Winc. 22602
-Thomas W. & Mabel
63-((A))-146
3575 Papermill Rd., Winc. 22602
Breedlove
Robert O. & Mildred
64D -((1)) -B -A
207 Westwood Dr., Winc. 22602
Detlefson
Claudia Jean Swisher
64-((A))-20+21
116 Pinetop Rd., Gore, VA 22637
Shenandoah Memorial
64-((3))-A
155 Rittenhouse Cir., Bristol,
Park Inc.
PA 19007
J U C A P A L C
64-((3))-A-1
1600 Amherst St., Winc. 22601
Robert P. & Dorothy E.
64D-((4))-1
1215 Front Royal Pike, Winc 22602
Elliott
�_-Elwood H. & Turessa K. Fox
64D-((4))-2,3,4,5
1231 Front Royal Pike, Winc 22602
Paul M Haldeman, Jr
64-((A))-24
PO Box 2751, Winc 22604
Joseph Bugarski
64-((2))-D2
PO Box 2791, Winc 22604
File #3230/MDS/dls
250 0 125 250
GRAPHIC SCALE
(IN FFF_T) X11
IPF'
NOTES'
1. THIS PLAT IS FOR ZONING
LINE DETERM/NATION ONLY
POST (3 23
6�
fZO�pR�Es 59999 TM 64-((A))-146
THOMAS W. BREEDLOVE
Ng & MABEL L. BREEDLOVE 28.23 a i Ex POND J�- D.B. 401, PC 672
�f ZONED: RA
1
N i
J
I
2. ORIGINAL AREA = 30.3100 AC.
"�
COMPANY
LINE
AREA IN RP = 26.8733 AC.
o
,,,GIN ppWER
�
S 05'39 03" E
AREA IN B2 = 3.4367 AC.
~
NORM . lc LINE � _
O.B. �13.�_ E
L2
N 85'05'J7" W
298.53'
L8
S 8708'20" W9.83'
�
S 03'46 37" E
236.38'
L9
S 86-5825- W6.67'
3
o
TY 64 -((A)) -2J
N 8641'2J" E
TM 64-((3))-A
L10
DORIS F. CASEY
W.B. 91, PG. 596
SHENANDOAH
a-
CO
30.3100 ACRES
L11
MEMORIAL PARK, INC.
L6
S 06'20'44" E
D.B. 934, PG 694
(10
ZONED: B2
,��
e
""'
RP
4,xl, 26.8733 ACo -'22 ®hllM�a L/lm9E`�
02'35'01 " E0 IPF MON. 6.08' LBUILDlNC —
J IX
TM 64-((3))-A I IRF' —
—� � Buuo/Nc
JUCAPA LC. I [B2
D.B. 955, PG. 37 11 3.4367 AC' 11 BUILD)
ZONED: B2 _ L L
E(. 20' SAN. SEWER ESMT.
D.B. 902, PG. 1356
L7 M L6 o- L5- IRS
ROUTE 522 R/W vARIES
L1
TM 64D -((A))-30
ANN S. CROSS
D.B. 761, PG. 512
- ZONED: RP
/ /A IE- TAD/
LINE
I BEARING
DISTANCE I
LINE
BEARING
P
Ll
S 05'39 03" E
16.96'
L7
S 05'20 02" E6.64'
L2
N 85'05'J7" W
298.53'
L8
S 8708'20" W9.83'
L3
S 03'46 37" E
236.38'
L9
S 86-5825- W6.67'
PDISTANCE
L4
N 8641'2J" E
301.46'
L10
N 80'21 42' WL5
S 05'39'03" E
159.94'
L11
N 31'07'41' W2.03'
L6
S 06'20'44" E
152.12'
PLAT FOR
ZONING UNE DE7ZFRUINA7ION TH D
OF THE LAND STANDING IN THE NAME OF O
DORIS F. CASEY �
SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA lc
SCALE: 1" = 250' ATMARCH
DARREN S. FOL
T
GREAYNGINEERNG No. 002257
151 WINDY HELL LANEI
�� �
Engineers CHESTER, VA. 22602 cT 140
Surveyors TELEPHONE: (540) 662-4165$� • "
FAX. (540) 722-8528
�tcrtded tin 1971 www.greenwayeng.com 3230 SHEET 1 OF 1
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ZONING LEGEND. --4-•
RA RURAL AREA DISTRICT
RP RESIDENTIAL PERFORMANCE DISTRICT
B-2 BUSINESS, GENERAL DISTRICT
M—I LIGHT INDUSTRIAL, DISTRICT
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MEMORANDUM '
T0: Frederick County Planning Commission
FROM: Jeremy F. Camp, Planner II
SUBJECT: Public Hearing - Proposed Amendments to the Frederick County Zoning Ordinance
Pertaining to Nonconfonning Uses
BATF: June 20, 2002
The attached draft amendments concern modifications to the nonconforming use requirements of the Frederick
County Zoning Ordinance. These amendments were drafted by staff and the Development Review and Regulations
Subcommittee (DRRS). The DRRS unanimously approved the attached amendments during their March 2002
meeting.
Both the Planning Commission andthe Board of Supervisors have preliminarily supported the proposed amendments
in discussion. On May 1, 2002, the Planning Commission expressed their support of the proposed revisions and
recommended that they be forwarded to the Board of Supervisors for discussion. Staff discussed the proposed
amendments with the Board of Supervisors on May 22, 2002, and the Board directed staff to proceed with a public
hearing.
The text amendments would clarify and increase the County's ability to regulate the sites of legally nonconforming
uses, structures, and signs. In general, staff and the DRRS believe that it is prudent to require that the
nonconforming elements in the County be brought up to current design standards when an expansion is sought. The
problem with the current ordinance is that it only requires that the expanded area meet current design standards.
The proposed amendments would go beyond current requirements by taking the entire site into consideration. The
amendments allow for a small one-time expansion of legally nonconforming uses and structures without having to
modernize the entire site. After that, however, the new amendments would require that the entire site be brought
into compliance with any future expansion. Several new definitions are also being proposed in order to clarify the
meaning of certain language in the Zoning Ordinance.
Please review the proposed amendments attached with this memorandum for a public hearing and consideration
during the July 1, 2002 Planning Commission Meeting. Changes are proposed to Sections 165-148, 165-149; 165-
150,165-151,165-152, 165-153, and 165-156ofthe Frederick County Zoning Ordinance. All of the sections, other
than 165-156, are part of Article XX, Nonconforming Uses. Section 165-156 is the Definitions section of the
Zoning Ordinance.
JFC/ch
Attachments
(fgjeas'Womo fornnug UyesT(Trrblid1varingMemurroncanfirrrnirr�,n 1A
ARTICLE XX
Nonconforming Uses, Structures, and: Signs.
§ 165-148. Continuation of preexisting uses, structures, and signs.
Any use which does not conform to the requirements of this chapter at the effective adoption date
of this chapter may be continued so long as it remains otherwise lawful. Structures and land may continue
to be used as they were at the effective adoption date so long as they remain otherwise Iawful. Any use,
structure, or sign which subsequently becomes nonconforming as a result of amendments to this chapter may
continue as it was at the time of the adoption of the amendment, as long as it remains otherwise lawful. Such
nonconforming uses; structures, and signs shall conform to all laws in effect at the time when the use,
stnrcture, and signs was established.
A. If any change of ownership, possession or lease of any legally nonconforming use, structure,
or sign occurs, the use, stmctua .,, or sign may continue according to the requirements of this
article.
B. When the boundaries of a district are changed, any ftges-af-land uses, or structures, or suns
which become nonconforming as a result of such change shall be subject to the provisions
of this article.
§ 165-149. Discontinuance.
A. If any legally nonconforming use or legally; nonconforming sign is discontinued for a period
exceeding one year after the enactment of this chapter, it shall be deemed to be abandoned,
and any use or sign thereafter shall conform to the requirements of this chapter.
B. Seasonal legally nonconforming uses that have been in continuous operation for a period of
two years or more prior to the adoption of this chapter may be continued.
§ 165-150. Reestablishing a discontinued legally nonconforming use.
Any use that was legally nonconforming under the provisions of this article and that was
discontinued due to abandonment may be reestablished by obtaining a conditional use permit. Such
conditional use permit shall be granted only for a use that is of equal or lesser nonconformity than the
original use in relation to intensity, type of use, dimensional requirements or other requirements. Such
requests to reestablish an abandoned use shall be considered following the procedures for conditional use
permits in this chapter.
-I-
§ 165-151. Expansion and modifications.
A. , °
graveyard be expan ed. Notteon shall not be inereased
Legally nonconforming uses, structures, and signs listed below may not expand. These uses
and strictures � av be modified if the result decreases the degree of nonconformity.
I:
1, landfills
— juiilqards
3. trash heaps
4 autornobile gaveyards
5. signs
floor"�areft of the original noneotif'o Ming struetttres Or total site area of nortstruetff-&�.
Legally nonconforming uses listed helosis may expand or modify one time if the expansion
or modification does not increase the degree of nonconfonnity, and does not expand beyond
3,500 square feet or 50%. whichever is less. lWeasexements shall he based on gross floor
area for structures and total land area for uses.
I . parltiir g lots
2.. driveways
3. loading areas:
4. outdocr sloragc and processing areas
5, outdoor display areas
C.
modifieation will tiot result in an inerease in the degree ofnonconformi
mGdified ttses shall eottfGrm to all requirements of t1tis ehapter other than those for h
S of
this ehapter other than those for whieh were noneonforming at the time of the original
adoption of this ehapter.-
All legally nonconforming uses and structures not specified in §165-151A. or §165-15113
may expand or modify onetime ifthe expansion or modificati on dues not increase the degree
of nonconformity, and does not result in an overall. expansion of, -more than 2,000 square feet
or 50'%. Measurements shall be based on gross floor area for structures and total land area
for uses. Legally nonconforming residential stmetures may expand beyond 2,000 square feet
or 50% if the expansion or modification does not increase the degree ofnonconformity. The
Zoning Administrator may allow the expansion of regally nonconforining structures and the
construction of new structures with the same setback of the existing legally nonconforn-fizzg
structure provided that all other conditions of the Frederick County Zoning Ordinance are
met.
-2-
D. Whenever a nonconforming use is changed to another use, it shall only be changed to a use
that is of equal or less nonconformity in terms of the type or intensity of the use.
E. A legai Iv nonconforming strtetrare-er--use-of—a-structure-o"remises I,se or stricture chat is
located within the floodplain districts may be expanded one lw.le, provided that they meet
the conditions set forth in this article as well as Article XV, § 165-116, of this chapter.
[Added 8-12-19921
§ 165-152. Legally nonconforming lots of record.
Any lot of record at the time of the adoption of this chapter, which is less in area or frontage than
the requirements of this chapter, may be used for uses allowed by this chapter when yard and setback
requirements are met. The cutrent setl-rocks for the particular Zoni,lg District m question arc to be applied
for all lots. unless the most recent legally approved and recorded plat of (lie Property clearly depicts all
appropriate terminology and numeric information for d9 fferent setbacks.
§ 165-153. Restoration or replacement.
6. of __.. ing , or s+=u�ct-ar-e that -is -destroyed y fre, vdindstorm-e-xplosiorr, aet-ef-purlie
enemy,3 er-far airy-Qthereasor�l�atsaever-fie eai�tinue�orlly se-ongs�l�e-oWers of -the
property -ie withthe zoning P.....
a: ,.roiratar��i�Yh�72®nth�3f�12e de�t`it�1811 far dai3lag�i7�tYf e i
11te11tbarl to c anti s , +, v t.-ruetionall eotrn�enee
within -Q .
TF noh�-e � noj� eived-ar- i -f restoratiorr-doesjlct
beginwithin, the use shall be deemed to baa[�rc�r dQticc�rur�raeri�pr6F�l� en�fl�tl7ls artlele-
If a legally nonconforming use or structure is destroyed or damaged in any manner it inay be repaired or
restored, provided any such repa,.r or restoration is completed within. twelNle (12) months from the date the
legally nonconforming use or structure was destroyed or damaged. The Planning Commission may approve
a waiver to allow an extension up to eighteen (18) months from the date the legal]-,, nonconforming use or
structure was destroyed or damaged if requested by the owner. All legally nonconforming signs that are
destroyed or damaged in any manner may be repaired or restored only if all work is completed within six
(6) months from the date the legally nonconforming sign was destroyed or damaged.
U.ICOMM/TTEESIDRRSIPt-ojectsINoncoufoi-ming Uses1165-148 tkru 165-1. 3M-aft.wpd
§ 165-156. Definitions.
NO UONFORE - ^ use of aetiv&y-whieh-was4awftd-prior-to-the-adoption, revisiQrror
amendm est oft hip chapter-httt whielrfails-,-byreason-ef such-adoption,-r-evis oil ar--amendrnent,-ta-does
noteon, 111 to tie present -regttnrem erits�-of his-ehapte-r.
LEGALLY NONCONFORMING USE -A use or activity that was lawfal prior to the adoption, revision
or amendment of the zoning ordinance but that fails by reason of such adoption, revision , or amendment
to conform to the present requirements of the zoning district.
LEGALLY NONCONFORMING STRUCTUTRE - A structure, the size, dimensions, or location of
which was lawful prior to the adoption, revision., or amendment to the zoning ordinance but that fails
by reason of such adoption, revision, or amendment to con.€otrr- to the present req r.irernents of the zon ing
district.
LEGALLY NONCONFORMING SIGN - Any sign lawfully existing on the effective dato of an
ordinance, or amendment thereto, that renders such sign nonconforming because it does not conform to
all the standards andregulations of the adopted or amended ordinance.
SEASONAL USE - Any use which ceases operatioti for at least 3 anor the in a year,
DIS'PI-A.Y AREA - A specific area used for the purpose of displaying prodrtcts and services offered b-1-
a business or organization located on the sarane property or a contigrto :ts property which is appropriately
zoned acrd with an approved site plan.
OUTDOOR STORAGE AND PROCESSING - The keeping or processing of goods, junk, material,
merchandise or vehicles outside of an enclosed building and in the same place for -than-24-ho-urs.
L! ICOMNI%ITECSIDRRSIProjects INoncon`orniing Uses lDef[nitionAnalysis. wpd
•
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rj
rALEMORANDUM
TO: Planning Commissioners
a-
FIi®IF+',l: Patrick T. Davenport, Zoning and Subdivision Administrator
RE: Request of Exception - Katherine P. Weber
DATE: June 18, 2002
Attached are two exhibits and a letter dated June 7, 2002, from David L. Frank of Bowman Consulting,
representing Katherine P. Weber, owner of approximately 11 acres, zoned RP (Residential Performance)
and B2 (Business General) in the Stonewall Magisterial District. Mr. Frank is proposing a residential
subdivision in the undeveloped RP zoned portion of the property. Exhibit "A" illustrates the proposed
residential subdivision street which would serve no more than twenty five (25) single family detached lots
on a cul-de-sac length of no longer than one thousand three hundred (1,300) feet. The proposed
subdivision layout is possible only with a waiver to the minimum cul-de-sac length requirement. The
subdivision ordinance §144-17G(l) specifies that:
"Cols -de -sac, permanently designed as such, shall not exceed one thousand (1,000) feet in length.
The Planning Commission may waive this requirement in cases where extreme topography or other
factors make it impractical. In no case shall the street serve more than 25 lots. The turnaround
provided shall have a right of way radius of not less than fifty feet and a paved radius of not less
than forty-five (45) feet. Loop streets are preferred to culs-de-sac, where possible."
The subject property contains approximately 330 feet of road frontage along North Frederick Pike (Route
522) and is approximately 1,300 feet in depth. The B2 portion of the property extends approximately 300
feet from North Frederick Pike toward the interior of the property. Mr. Frank has indicated that no other
options are possible which would connect this proposed street to other streets on adjoining properties. Due
to the relatively narrow rectangular shape of the property, construction of a loop road is not practical. A
Master Development Plan would be required to develop this property in the proposed manner. Mr. Frank
is seeking Planning Commission approval for the proposed cul-de-sac length before proceeding with
detailed development plans.
An attached comment sheet provided by Frederick County Fire and Rescue Department gives favorable
comments with recommended conditions. Should the Planning Commission determine that this waiver
request is appropriate staff requests that as part of the motion for approval, consideration be given to:
1. Incorporating Fire/Rescue comments into the roadway design plan.
2. Should the proposed cul de sac layout be lengthened for any reason, the revised layout will
need to be resubmitted for consideration by the Planning Commission.
PTD/ch
Attachments
0.\Agendas\COMMENTS\Waivers\K Weber waiverreport.wpd
rf pt t . e . . :f.:l a \i. I £ ,i I' £ £ [ ePat'F
h 61 J
4✓af
FE ft;i �, C `\ r. ^. scab: JUNE'
200'
,
FAFPF CEL 3, �u��� 2002
124 :�.`il CORK JI
WINCHESTER, !9f Glf.4. 22,01
PHONE: -22
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r'delress
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June 7, 2002
Patrick T. Davenport
Zoning Administrator
County of Frederick
107 North Kent Street
Winchester, Virginia 22601
Re: Tax Map 53 (A) Parcel 53 Waiver of maximum cul-de-sac length
Dear Patrick:
On behalf of our client, I am requesting that a waiver of the maximum cul-de-sac length for Tax map 53
(A) Parcel 53 be granted by the Frederick County Planning Commission. Specifically, this request is to
allow this property to construct a cul-de-sac not to exceed 1,300 feet in length. The property is
currently governed by two zoning districts, and comprises of approximately 11 acres. This property
fronts southbound Route 522, Front Royal Pike, approximately 450 feet south from Oak Side Lane.
The property abuts RP zoning to the north, west and rear of the south. The B-2 zoning is continued to
the south fronting along Route 522, Front Royal Pike. The RP portion to the rear of this parcel is
adjacent to the proposed Westminster -Canterbury project and its residential duplex land use.
We believe that this waiver is warranted due to several unique site characteristics. The
comprehensive plan indicates that the front of this property is zoned B-2 (approximately 250 to 300
feet) and the rear is zoned RP (approximately 1,000 feet). The entire parcel depth is approximately
1300 feet, and in order to service the rear RP portion of the parcel, a cul-de-sac of approximately 1,200
feet will need to be constructed. This property is only 450 feet in width, and the size of the B-2 portion
along Route 522 does not warrant the construction of a street intersection along the proposed Cul -De -
Sac to establish a length not exceeding 1,000 feet.. The attached schematic plan graphically depicts a
probable cul-de-sac layout for the property in question should the Planning Commission grant this
waiver.
Page 2
June 7, 2002
The compact nature of this property and the dual zoning established for this area in the comprehensive
plan lead our client to request that the Planning Commission grant a cul-de-sac length waiver allowing
the construction of a cul-de-sac no longer than 1,300 feet. I appreciate your time in reviewing this
matter and request placement on the July aro, 2002 Planning Commission agenda. Should you have
any questions or concerns on this matter please do not hesitate to contact me.
Sincerely,
David L. Frank
Project Manager
Encl.
CC: Wade Clements
Claus Bader
Katherine Webber
Margaret P. Krial
06/07/2002 16:00 5406656395 FRED CO PLANNING DEP PAGE 02/02
COUNTY of FREDERICK.
Department of Planning and Development
207 North Kent Street a Winchester, Virginia 22601-5000
Telepbone: 540/665-5651 FAX: 540/665-6395
WAIVERTXCEPTIONS REQUEST
INFORMATION FORM
Date: JV hli do
Requestingperson/Agent: Z6rj--,iAAj
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/address: %— lex4
Phone: .! ZZ- —
Contact Person:
Property Location:
magisterial District:
Property Identification Number 1,PrN): �7-3 — A — 5-3
Property zoning and current use: 13—z'ZZK/O /A,5n,,Vr"',�L—
Waiver request details (include specific ordinance requirements to be waived):
A
Attachments: �Compicted adjoining properties info. sheet(s); _ Existing/recorded an.r9 proposed plat(s)
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